Article 66 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, summon a criminal suspect or defendant, obtain a guarantor pending trial or place him under residential surveillance.
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he 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. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ. It is legal for public security organs to take compulsory measures against lawyers.
Principles of application of criminal compulsory measures:
The principle of legally prescribed punishment for a specified crime, also known as formal legality, refers to the application of various criminal compulsory measures, which must be exercised in strict accordance with the authority, applicable objects, conditions, examination and approval procedures and deadlines stipulated by law. "The principle of legality of criminal proceedings first requires that public power must have legal authorization to interfere with individual basic rights, that is, the subject is legal. Secondly, the intervention behavior that requires public power should meet the procedural requirements clearly stipulated by law in the course of litigation, and the consequences of procedural behavior are clear and inevitable. "
The principle of necessity, also known as content legitimacy, refers to the necessity of applying compulsory measures to criminal suspects and defendants to ensure the sustained and stable operation of the case. "In other words, the means and methods adopted are not only conducive to the realization of the purpose, but also indispensable to the realization of the purpose, otherwise it will violate the principle of necessity."
The principle of proportionality, also known as the principle of prohibition of excesses, or the principle of proportionality, refers to the types and duration of applying criminal compulsory measures, which should be commensurate with the personal danger of the person being applied and the seriousness of the criminal facts involved.