The process of criminal proceedings includes filing a case, reconnaissance and other processes. If the lawyer of the client needs to meet the client in the investigation stage of criminal proceedings, and he needs to go through relevant formalities before he can enter the prison, then the lawyer will go to the detention center to meet the client in the criminal investigation stage. After reading what I arranged for you, it will definitely help you.
First, the procedures required for lawyers to meet the parties at the detention center during the criminal investigation stage.
1, power of attorney;
2. Official letter from the law firm;
3. Special letter of introduction for lawyers to meet with criminal suspects and defendants;
4. A copy of the client's ID card;
5. Household registration book or marriage certificate or proof of kinship;
6. Lawyer's practice certificate.
Handle the meeting notice with the above materials, and submit the meeting notice and letter of introduction to the detention center for meeting.
Second, the problems that should be paid attention to when meeting the parties in the investigation stage
The promulgation of the new criminal procedure law directly affects the rights and obligations of lawyers in the process of criminal procedure practice. While making progress, the requirements for lawyers' practice have also increased a lot. Therefore, on the basis of absolutely ensuring the quality of handling cases, in order to prevent occupational risks as much as possible, I combined the relevant contents of the new criminal procedure law and my own practical experience, summed up some problems that lawyers should pay attention to when meeting the parties in the investigation stage, and discussed them with you in order to get the effect of attracting more attention.
1. At the beginning of contact and discussion with the parties, it is necessary to explain the relevant issues in criminal proceedings, such as the trend of the case, the possible duration and risks, and make a transcript of the conversation. In addition, it is best to sign two more power of attorney for backup;
2. After accepting the entrustment of the client, for most criminal cases, the lawyer can meet the client directly with the formalities. However, my opinion is that both the agent for the whole case and the agent for only one meeting need to go through formal entrusted defense procedures with the investigation organ;
3. Each detention center may have its own special regulations, such as the power of attorney needs to be stamped with the official seal of the law firm, a copy of the lawyer's certificate, and the power of attorney must be printed by hand. I think as long as we don't break through the legal principles, we should respect their regulations as much as possible, and at the same time, we can pave the way for maximizing the interests of the parties (it is best to find out if there are any special regulations before going to any detention center);
4. After meeting the parties, you should first introduce yourself. Then explain who the client is, whether the parties agree to this lawyer as their own defender, and if they agree, they must sign the power of attorney for confirmation. If you don't agree, try to let the parties explain the reasons;
5. Inform the parties that they must truthfully tell the lawyer the case, and don't deliberately hide or be clever, thus affecting the final defense result;
6. Understand the personal basic situation of the parties, and the more detailed the better;
7. Ask the parties about the alleged charges, the process of the case, and the part they participated in;
8. Let the parties defend themselves first and talk about the facts and reasons that they think can be lightened and innocent;
9. Factors that can be given a lighter or mitigated punishment according to law, such as meritorious service and surrender. , ask the parties in a targeted manner;
10, introducing procedural issues in criminal proceedings to the parties;
1 1. According to the case, introduce the details of the alleged crime to the parties, including the determination of the crime and the calculation of the sentence;
12, allowing the parties to consult on issues they care about or don't understand;
13, special inquiry, whether what the client told the lawyer was consistent with the confession in the investigation organ;
15, asking whether the individual's basic rights have been violated, whether there are illegal acts such as extorting a confession by torture, and whether it is necessary to lodge a complaint or accusation;
16. According to the specific circumstances of this case, inform the parties whether compulsory measures can be changed and whether they are applicable;
17. Ask the parties whether they have evidence clues and need to apply to the investigation organ through a lawyer;
18, to understand the life of the parties in the detention center;
19. Ask the parties whether there are any matters that need to be conveyed by lawyers to their families (strictly excluding the contents of the case), such as sending money and things;
20. Ask the parties if they need to add anything. If they don't, they should be asked to sign and date the record. If conditions permit, it is best to sign your name on each label.
Third, the difference between detention center and detention center
Detention center and detention center are two different places of detention. Their object of detention, the duration of detention, the right to meet, and the circumstances in which detention is not allowed will be different. Compared with detention centers, detention centers have stricter and more standardized requirements, which are determined by the different illegal degrees of their detainees.
1, about detainees. A person detained in a detention center is a person who has been administratively detained for violating the Law on Public Security Administration Punishment or who has been decided by a people's court to judicial custody according to law. The detention center holds criminal suspects and defendants who have been criminally detained and arrested according to law. In addition, criminals sentenced to fixed-term imprisonment of less than one year, or criminals whose remaining sentence is less than one year, can also serve their sentences in detention centers.
2. About the time of detention. A person detained in a detention center may be released on bail pending trial, under residential surveillance, or may approve arrest. The longest time from criminal detention to approval of arrest is 37 days. A criminal case may take more than three months from investigation to judgment, or it may take about one year, depending on the specific case. The maximum detention time in the detention center is 15 days, which will be determined according to the seriousness of the violation of discipline.
3. About the right to meet. People detained in detention centers can see their families. According to the regulations of detention center, detainees have the right to meet and communicate, so family members can visit them, as long as they apply to the detention center. People detained in detention centers are not allowed to meet their families, but they can meet with lawyers. The Criminal Procedure Law stipulates that the family members of suspects suspected of committing crimes are not allowed to meet with them during their detention in detention centers, that is, during the investigation by public security organs. Only defense lawyers can meet and communicate with criminal suspects and provide legal help and services. After meeting with criminal suspects, lawyers will generally sort out the cases, consult relevant legal documents and similar cases, communicate with judicial organs, and investigate and collect evidence from relevant personnel when necessary. If a minor is suspected of a major criminal offence, his family members can visit him at any time, and his guardian can be present during the interrogation of him by the staff of the whole public security organ or procuratorate.
4. About the object that cannot be detained. According to the regulations of detention center, if a person suffering from mental illness or infectious disease needs isolation treatment, and his condition is serious, which may endanger his life safety, he shall stop the detention decision. According to the regulations of the detention center, the following three types of people are not admitted: one is mental illness or acute infectious disease; Second, there are other serious diseases, which may be life-threatening or unable to take care of themselves during detention, except for those who are extremely guilty and are dangerous to society; Third, women who are pregnant or breast-feeding their babies under one year old.
For daily life, whether in the detention center or in the detention center, the public security organs will educate detainees in terms of law, morality, culture, current affairs, policies and regulations, behavior development, skills training and mental health in accordance with relevant laws and regulations.
The above is what I have compiled for you about the procedures that lawyers need to go through when they meet the parties in the detention center in the latest criminal investigation stage. To sum up, when a lawyer goes to the detention center to meet the client, he can meet as long as he writes the information related to the code, such as the power of attorney submitted to the detention center.