Provisions on lawyers' participation in criminal proceedings at the investigation stage

Article 1 These Provisions are formulated in accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Lawyers Law of People's Republic of China (PRC) in order to safeguard the legitimate rights and interests of criminal suspects and ensure that lawyers perform their duties according to law and the investigation activities of public security organs go smoothly. Article 2 Public security organs shall protect lawyers' practice activities according to law and provide convenience for lawyers to participate in criminal proceedings during the investigation stage. Article 3 After interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect of his right to hire a lawyer to provide legal advice and represent him in his complaints and accusations. If the suspect has been arrested, the lawyer hired can apply for bail pending trial. Article 4 In the investigation stage of public security organs, entrusted lawyers may engage in the following businesses:

(a) to the public security organs to understand the charges of the criminal suspect;

(2) Meeting with the criminal suspect, learning about relevant cases from the criminal suspect, and providing legal advice to the criminal suspect according to law;

(3) Acting as an agent for criminal suspects to appeal and accuse;

(4) to apply for bail pending trial for the arrested criminal suspect. Article 5 If a criminal suspect in custody requests to hire a lawyer, he shall apply, and the public security organ shall file a case and hand over the relevant materials to the lawyer management department or the criminal suspect's family, legal representative or unit within three days after receiving the application. Article 6 If a criminal suspect or his legal representative proposes to hire a lawyer in a case involving state secrets, the public security organ shall report to the public security organ at or above the county level for a decision of approval or disapproval within three days, and notify the criminal suspect or his legal representative. Article 7 A criminal suspect may hire a lawyer by himself, or entrust his family members, legal representatives or the unit he works for.

If the criminal suspect is a minor or blind, deaf or dumb, his legal representative may entrust a lawyer. Article 8 If a lawyer needs to hire an interpreter when meeting a criminal suspect in custody, it shall be approved by the public security organ. Article 9 A criminal suspect in the same case may not employ the same lawyer. Article 10 When the entrusted lawyer requests to meet with the criminal suspect in custody, if the public security organ finds that the case involves state secrets and does not approve the meeting, it shall explain the reasons to the lawyer. Article 11 The date and place for a lawyer to meet a criminal suspect in custody shall be decided by the public security organ. Article 12 When a lawyer informs the police to detain a criminal suspect, the public security organ may send personnel to be present. Article 13 When a lawyer meets a criminal suspect in custody, the public security organ shall examine the letter of appointment of the criminal suspect, the lawyer's practice certificate and the letter of introduction from the law firm submitted by the lawyer. Article 14 When meeting with a criminal suspect in custody, a lawyer shall abide by the regulations on the place of supervision. Article 15 A lawyer shall keep confidential the information about the case he learned when meeting with a criminal suspect. Article 16 If a lawyer meets a criminal suspect in custody and violates Article 96 of the Criminal Procedure Law of People's Republic of China (PRC) and these Provisions, the on-site police have the right to dissuade or suspend the meeting and notify the lawyer management department of the relevant situation. Article 17 When a lawyer meets a criminal suspect who is under residential surveillance, it shall be approved by the public security organ. Article 18 If the arrested criminal suspect meets the conditions for obtaining a bail pending trial, and has a qualified guarantor or pays a deposit according to the regulations, the lawyer may apply to the public security organ for obtaining a bail pending trial. Article 19 The public security organ shall report to the public security organ at or above the county level after receiving the application for bail pending trial filed by the lawyer of the arrested criminal suspect. The public security organ at or above the county level shall make a decision on approval or disapproval within five days. Those who agree to get a bail pending trial shall go through the formalities of getting a bail pending trial according to law. Article 20 If a lawyer meets a criminal suspect or his application for obtaining bail pending trial is not approved, he may apply to the public security organ again. The public security organ shall make a decision of approval or disapproval within seven days after receiving the application. Article 21 The term "first interrogation" as mentioned in these Provisions refers to the first interrogation of a criminal suspect by a public security organ after filing a case.

The term "state secrets" as mentioned in these Provisions refers to the circumstances stipulated in Article 8 of the Law of People's Republic of China (PRC) on Guarding State Secrets and the relevant matters involving the specific scope of state secrets stipulated by the Ministry of Public Security and the State Secrecy Bureau in public security work. Article 22 These Provisions shall be implemented as of June 1997 65438+ 10/day.