1. Can a lawyer be present when interrogating a criminal suspect?
1, police, prosecutors and other investigators have no right to be present when interrogating criminal suspects.
2、
Legal basis:
Article 118 of the Criminal Procedure Law of People's Republic of China (PRC): Interrogation of a criminal suspect must be conducted by investigators of a people's procuratorate or a public security organ. During interrogation, there shall be no fewer than two investigators. After the criminal suspect is sent to the detention center for custody, the investigators shall interrogate him in the detention center.
Article 123 of the Criminal Procedure Law of People's Republic of China (PRC): When an investigator interrogates a criminal suspect, he may record or video the interrogation process; For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped. Audio or video recording should run through the whole process and remain intact.
Second, the difference between inquiry and interrogation
(A) the meaning is different
Interrogation record is an evidential document made by judicial personnel of judicial organs when interrogating the defendant, which records the confession or excuse of the defendant and the interrogation of the defendant according to law. The interrogation record is the basis for finding out the criminals and the real situation of the case, and identifying and confirming other evidence. It has the function of providing investigators with investigation clues, so that they can fully understand the case and collect evidence.
(2) The recorded contents are different.
The interrogation record mainly records the confession or defense of the defendant, and the interrogation record mainly records the evidence and testimony provided by witnesses, victims and insiders;
(3) Different interviewees
The object of interrogation record is the criminal defendant, and the interrogation record is only applicable to witnesses, victims or insiders;
(D) The scope of application is different
The interrogation record is applicable to criminal cases and public security cases, while the interrogation record can be applied to criminal cases, civil cases and administrative cases. Interrogation record is a means of criminal investigation to collect evidence from criminal suspects after a criminal case is filed. Therefore, interrogation records are generally made to investigate criminal responsibility (unless the facts are ascertained and the charges are dropped).