As a member of procuratorial organs, prosecutors play the role of public prosecution organs in criminal cases. In addition to the defender meeting with the criminal suspect, the prosecutor can also ask the criminal suspect about the details of the case. Prosecutors also need to go through corresponding procedures when meeting criminal suspects. I. Procedures for the Prosecutor to Meet the Criminal Suspect The following procedures need to be handled at the stage of examination and prosecution by the Procuratorate: 1. Prosecuting opinions of public security organs; 2 two lawyers and lawyers practice certificate 3. Power of attorney; 4. A special letter of introduction issued by the law firm to meet the criminal suspect and defendant. The people's procuratorate shall promptly review and deal with the illegal and criminal materials reported, accused, surrendered, transferred, assigned and discovered by itself. 1. If it is considered that there are criminal facts that need to be investigated for criminal responsibility after examination, it shall fill in the filing request and make a decision to file a case with the approval of the chief procurator or the decision of the procuratorial committee. In accordance with the provisions of the case management system, timely filing with the people's procuratorate at a higher level. If the people's procuratorate at a higher level thinks that the case should not be filed, it shall promptly notify the people's procuratorate at a lower level in writing to cancel it. When the people's procuratorate at a lower level has different opinions, it may submit them to the people's procuratorate at a higher level for reconsideration. The reconsideration result shall be notified to the people's procuratorate at a lower level in time for implementation. The contents of the decision to file a case include: the defendant's name, gender, age, native place, education level, work unit, position, cause and source of the case, main criminal facts, basis for deciding to file a case, etc. 2. Upon examination, if it is considered that there is no criminal fact or one of the circumstances stipulated in Article 11 of the Criminal Procedure Law, the case shall not be filed, and after the approval of the department, director and procurator-general, a notice of not filing the case shall be issued, and the complainant and prosecutor shall be informed of the reasons and reasons for not filing the case. If the complainant or prosecutor refuses to accept it, he may apply for reconsideration, and the complainant or prosecutor shall be informed of the reconsideration result. 3. Upon examination, if it is considered that the facts of the criminal complaint or accusation are unclear and supplementary materials are needed to determine whether or not to file a case, it may notify the complaint or accusation unit to supplement the materials, and the people's procuratorate may also send people to directly investigate or cooperate with relevant departments to jointly investigate. If it is believed that there are criminal facts and criminal responsibility needs to be investigated, it shall be placed on file for investigation; If it is considered that the circumstances of the crime are obviously minor and it is not necessary to pursue criminal responsibility, it shall be transferred to the relevant departments for handling. And notify the original complaint or report of the unit or individual. The investigation materials handed over by the relevant departments with the case must be carefully examined and verified, and can only be used as evidence after being confirmed and signed by the procurator who undertakes the case. If a cadre or celebrity at or above the county level commits a crime and needs to be put on file for investigation, the people's procuratorate at the corresponding level shall notify the relevant departments in accordance with the provisions on the cadre management authority. Deputies to the National People's Congress or local people's congresses at or above the county level who commit crimes and need to file a case for investigation shall report to the NPC Standing Committee or the Standing Committee of the people's congress at the corresponding level. After accepting a case, an inquest should be organized quickly to find and collect traces and evidence of the crime for the case that needs to be inspected at the scene. Two. The rights of criminal suspects A criminal suspect and his legal representative have the right to request the person in charge of the investigation organ, the case investigator, the expert witness and the translator who have an interest in the case to withdraw. Legal rights enjoyed by criminal suspects: 1. The right to legal help A criminal suspect may hire a lawyer to provide legal advice and represent him in complaints and accusations after the first interrogation by the investigation organ or the day when compulsory measures are taken. 2. The right to entrust a defender Since the date when the case is transferred for examination and prosecution, the criminal suspect has the right to entrust a defender. 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. 3. The right to apply for withdrawal has an interest with the prosecutor or his close relatives in the case. If the prosecutor accepts the party and its client for a treat and gives gifts, and meets the party and its client in violation of the regulations, the criminal suspect has the right to ask him to withdraw. 4. The right to use the spoken and written languages of one's own nationality in litigation. The right to apply for bail pending trial. Have the right to refuse to answer questions irrelevant to the case. The right to request the cancellation of compulsory measures A criminal suspect and his legal representative, close relatives or lawyers entrusted by the criminal suspect have the right to request the cancellation of compulsory measures if they take compulsory measures against the people's procuratorate beyond the statutory time limit. 8. The right to apply for supplementary appraisal or re-appraisal. A criminal suspect may apply for supplementary appraisal or re-appraisal of the appraisal conclusion as evidence. 9. The right of appeal against the decision of the people's procuratorate not to prosecute. A criminal suspect may appeal to the people's procuratorate against the decision of the people's procuratorate not to prosecute. 10. The right to consult the interrogation record should be checked by the criminal suspect. If there are omissions or errors in the records, the criminal suspect may supplement or correct them. 1 1. Right to sue for infringement. Procurators have the right to prosecute violations of citizens' litigation rights and personal insults. 12, the right to compensation The criminal suspect's personal rights and property rights have been violated because the people's procuratorate and its staff illegally exercised their functions and powers, and they have the right to compensation. 3. Lawyers Meeting with Criminal Suspects The purpose of lawyers meeting with criminal suspects is to ensure the safety of prisons and the smooth meeting of lawyers, and to safeguard the legitimate rights and interests of criminal suspects or defendants. According to the Criminal Procedure Law, Regulations of Detention Center, Procedures of Public Security Organs in Handling Criminal Cases and the spirit of the relevant provisions of the Ministry of Public Security, the Provincial Public Security Department and the Municipal Party Committee, combined with the actual situation of the detention center in our city, the following provisions are made for lawyers to meet criminal suspects and defendants in custody: 1. When a lawyer meets a criminal suspect or defendant in custody, the detention center shall examine the lawyer's valid practice certificate, the letter of introduction from the law firm, the power of attorney or the defense notice designated by the people's court. 2. Lawyers shall supervise each other when meeting with two criminal suspects and defendants in custody to ensure safety; At least 1 person is a practicing lawyer when the lawyer meets, and other accompanying persons, if not practicing lawyers, should be people who meet with the lawyer in the same unit and hold the certificate issued by the lawyer management authority. 3. In the investigation stage, for cases that do not involve state secrets, lawyers will meet with the Notice of Meeting Criminal Suspects in Custody issued by the case-handling unit of the public security organ. Cases involving state secrets shall be handled on the basis of the decision issued by the case-handling unit of the public security organ to approve the meeting with the criminal suspect. 4. In the stage of examination, prosecution and trial, the hired lawyer can be directly arranged by the detention center to meet with the defendant, and produce the prosecution opinion or indictment and the letter of introduction from the law firm, without the approval and arrangement of the investigation, procuratorial and judicial organs; Other defenders who are not lawyers may also meet with the criminal suspect in custody with the permission of the procuratorate and the specific case handling department of the court. 5. When meeting the employed translators, they shall present the documents approved by the agency. 6. When the lawyer meets, the criminal suspect and defendant in custody shall be in the same room. 7. When a lawyer meets a criminal suspect or defendant in custody, the public security organ may send personnel to be present. 8. When a lawyer meets a criminal suspect or defendant in custody, he shall not bring relatives and friends of the criminal suspect or defendant to attend the meeting without permission; It is forbidden to provide all kinds of communication and photographic equipment to criminal suspects and defendants to contact with the outside world; During the meeting, no property shall be provided to the criminal suspect or defendant, and no articles shall be taken out of the residence. 9. If a lawyer meets a criminal suspect or defendant in custody and violates the law or the meeting place, the on-site police shall stop it, and if necessary, decide to stop the meeting according to the seriousness of the case, and notify the lawyer management department. 10. If the detention center staff fails to go through the interview formalities as required, the lawyer may complain to the organ that transferred or accepted the case, or report to the relevant department through the judicial administrative organ. When a public prosecutor meets a criminal suspect, he shall provide corresponding certificates, or he may ask the investigation organ about the case. Then the prosecutor will have a time limit for meeting the suspect.
Legal objectivity:
Article 81 of the 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: (1) They may commit new crimes; (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; (5) attempting to 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.