First, can lawyers read papers at the stage of arrest?
Lawyers have no right to read papers during the investigation stage. After the review and prosecution, lawyers can read the papers. Now it is the investigation stage, and family members can entrust lawyers to meet with the parties to understand the case.
According to the provisions of Article 79 of the revised Criminal Procedure Law, criminal suspects and defendants who have evidence to prove that they have criminal facts and may be sentenced to fixed-term imprisonment or more shall be arrested if bail is not enough to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(five) may commit suicide or escape.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.
Second, what is the implementation procedure of arrest?
1. In China, only the procuratorate has the right to approve the arrest: the arrest of any citizen must be approved by the procuratorate, except for self-investigation cases where the court decides to arrest or the procuratorate decides to arrest.
According to Article 86 of the new Criminal Procedure Law, the people's procuratorate may interrogate the criminal suspect after examining and approving the arrest; In any of the following circumstances, the criminal suspect shall be interrogated:
(1) Having doubts about whether the conditions for arrest are met;
(2) The criminal suspect requests to make a face-to-face statement to the procurator;
(3) There may be major illegal acts in the investigation activities.
When examining and approving an arrest, the people's procuratorate may ask witnesses and other participants in the proceedings and listen to the opinions of defense lawyers; If a defense lawyer makes a request, he shall listen to the opinions of the defense lawyer.
2. The arrest of criminal suspects and defendants shall be executed by public security organs. No fewer than two people shall be arrested. When an arrest is made, the arrested person must be shown an arrest warrant and ordered to sign (seal) the arrest warrant or press his fingerprint. If the public security organ (state security organ) considers it necessary to arrest the detained person, it shall submit it to the procuratorate for examination and approval within 3 days after detention. Under special circumstances, the time for submission and approval may be extended by 1 to 4 days. For major suspects who commit crimes on the run, commit crimes repeatedly or conspire to commit crimes, the time for reporting for examination and approval may be extended to 30 days. The procuratorate shall, within 7 days after receiving the approval letter from the public security organ (national security organ), make a decision on whether to approve or disapprove the arrest. If the procuratorate does not approve the arrest, the public security organ (state security organ) shall release it immediately after receiving the notice.
3. After a criminal suspect or defendant is arrested, the public security organ, the people's procuratorate or the people's court applying for approval of the arrest shall conduct an interrogation within 24 hours. If it is found that the arrest should not be made, the compulsory measures shall be changed or lifted immediately. If it is released immediately, a release certificate shall be issued. In addition to the circumstances that hinder the investigation or cannot be notified, the family members or the unit to which the arrested person belongs shall be informed of the reasons for the arrest and the place of detention within 24 hours. If it is inconvenient to notify, the reasons for not notifying shall be indicated in the case file.
4. When the public security organ makes an arrest in a different place, it shall notify the public security organ where the arrested person is located, and the public security organ where the arrested person is located shall cooperate to ensure the smooth completion of the arrest task.
5. Supplementary provisions of the Supreme People's Procuratorate's Provisions on Examining and Deciding to Arrest Cases by People's Procuratorates below the Provincial Level (Trial): If the investigation and supervision department of the people's procuratorate at a higher level disagrees with the opinions of the people's procuratorate at a lower level after examination, the deputy procurator-general in charge of investigation and supervision shall solicit the opinions of the deputy procurator-general in charge of investigation, and if the opinions are consistent, make a decision not to arrest; If there are different opinions, they should be submitted to the attorney general for decision.
To sum up, lawyers of criminal suspects are not allowed to read the case materials at every stage, especially during the arrest stage, that is, during the investigation, no one can meet the parties and consult the relevant case materials, which is also to ensure the fairness and justice of the case, so the legal significance generated at different stages will be different.