The procuratorate will listen to the opinions of defense lawyers in the stage of examination and prosecution, and examine the specific working methods of defense lawyers in the stage of prosecution:
(1) Submit the entrustment formalities to the procuratorial organ in a timely manner, offer the willingness to cooperate with the work, and solicit the opinions and opinions of the case handlers.
(two) carefully consult and copy the litigation and authentication documents in the case files.
(three) to meet with the criminal suspect as soon as possible, to understand and find out the illegal acts in the process of handling the case, and to put forward rectification opinions.
(four) according to the circumstances of the case to collect evidence in favor of the criminal suspect, and communicate with the case handling organ.
(five) in accordance with the provisions of Article 15 of the Criminal Procedure Law, timely provide factual evidence and legal basis for non-prosecution.
(six) the definition of crime and non-crime, this crime and that crime, can provide legal opinions.
(seven) according to the circumstances of the case to apply for bail or change compulsory measures, in order to protect the legitimate rights and interests of criminal suspects.
(eight) the problem of wrong seizure and detention put forward by the criminal suspect shall be reflected to the case-handling personnel in a timely manner, and the correction and solution shall be put forward.
Two, review the content of the lawyer's defense work in the prosecution stage
(1) Criminal Procedure Law Article 33 A criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. This is the specific provision for defense lawyers to begin to exercise their right of defense, and it is the main legal basis for determining lawyers' right of defense in the stage of examination and prosecution.
(2) Article 35 of the Criminal Procedure Law clearly stipulates the responsibilities of defenders. These duties should be exercised in the stage of examination and prosecution, and of course they are also the legal basis for fully exercising defense duties.
(3) Article 36 of the Criminal Procedure Law stipulates: "Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and communicate with the criminal suspect in custody." This is a specific legal provision for defense lawyers to consult, copy case files and meet at the stage of review and prosecution.
(4) Article 37 of the Criminal Procedure Law stipulates that defense lawyers may, with consent, collect materials related to the case, or apply to the people's procuratorate for collecting and obtaining evidence. This is the legal basis for defense lawyers to exercise the right to obtain evidence and apply for the right to obtain evidence at the stage of examination and prosecution.
(5) Article 75 of the Criminal Procedure Law stipulates: "If a criminal suspect, defendant and other legal representatives, close relatives or lawyers entrusted by him take compulsory measures against the people's courts, people's procuratorates and public security organs beyond the statutory time limit, he has the right to demand that compulsory measures be lifted. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures exceed the statutory time limit, release him on bail pending trial, monitor his residence or change the compulsory measures according to law. " This is another legal basis for defense lawyers to exercise their right of defense at the stage of examination and prosecution. This basis makes special provisions on whether and how to take compulsory measures, and on changing and lifting compulsory measures against detainees.
(6) Article 96 of the Criminal Procedure Law clearly gives defense lawyers the right to provide consultation, appeal and accusation for criminal suspects when handling cases of procedural violations by procuratorial organs (including public security organs) at the stage of examination and prosecution.
(7) Article 139 of the Criminal Procedure Law stipulates: "When examining a case, the people's procuratorate shall ask the criminal suspect and listen to the opinions of the victim, the criminal suspect and the person entrusted by the victim." This is the legal basis for defense lawyers to put forward materials and opinions on innocence, light crime, mitigation and exemption from criminal responsibility to the procuratorial organs according to their defense duties during the review and prosecution stage, and to safeguard the legitimate rights and interests of criminal suspects. At the same time, it is emphasized that this is a requirement of "responding with words" and a necessary procedure, and defense lawyers should make full use of it in judicial practice.
3. What should I do if I refuse to accept the decision of the procuratorate not to prosecute?
(a) if the victim or the person who has not been prosecuted refuses to accept the decision to apologize in court and lodge a complaint, he shall submit a complaint stating the reasons for the complaint. If the victim or the person who is not prosecuted has no writing ability, he may also make an oral complaint, and the people's procuratorate shall make a record according to his oral complaint.
(2) If the public security organ considers that the decision not to prosecute is wrong and requests reconsideration, the examination and prosecution department of the people's procuratorate shall appoint another procurator to conduct examination and put forward examination opinions, which shall be audited by the person in charge of the examination and prosecution department and submitted to the chief procurator or the procuratorial committee for decision. The people's procuratorate shall make a reconsideration decision within 30 days after receiving the application for reconsideration and notify the public security organ.
(3) The supervision of the procuratorial organs at higher levels is mainly reflected in the review power of the procuratorial organs at higher levels and the decision of the Supreme People's Procuratorate to prosecute or not to prosecute the local people's procuratorates at all levels. If it is found that the decision of the people's procuratorate at a higher level to prosecute or not to prosecute the people's procuratorate at a lower level is wrong, it shall be revoked or instructed to correct it.
(4) If the people's procuratorate finds that the decision not to prosecute is indeed wrong and meets the conditions for prosecution, it shall revoke the decision not to prosecute and initiate a public prosecution.