(2) In the process of criminal case investigation, lawyers can act as agents to accuse and expose, and act as agents for criminal suspects to tell grievances to relevant departments and defend them, and accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects. Lawyers need the consent of the criminal suspect to represent the accusation and accusation. However, if the criminal suspect is unable to complain or accuse because of serious illness, or is afraid to complain or accuse because of being threatened, the lawyer can also take the initiative to complain and accuse to safeguard the legitimate rights and interests of the criminal suspect.
(3) If the suspect is arrested, the lawyer may apply for bail pending trial.
2. What is the longest period of criminal investigation? Article 154 of the Criminal Procedure Law stipulates that the period of investigation and detention of a criminal suspect after arrest shall not exceed two months. If the criminal suspect has been detained before arrest, the detention period shall not be included in the investigation detention period. Under normal circumstances, the investigation organ shall end the investigation within the time limit for investigation and detention prescribed by law.
Three. An Overview of Criminal Investigation Procedure (1)
China's criminal procedure law stipulates that "investigation" refers to the special investigation work and related compulsory measures carried out by public security organs and people's procuratorates in the process of handling cases according to law. Investigation is closely related to prosecution and trial. As far as public prosecution cases are concerned, investigation is the basis and premise of public prosecution and trial, and the completion of investigation tasks greatly affects the quality of public prosecution and trial. In judicial practice, it is very likely that the investigation conclusion will be recognized by the judicial organs. (2) Investigation behavior
In our country, investigation behavior includes not only the special investigation activities carried out by investigators according to law, but also the compulsory measures taken to prevent active criminals and criminal suspects from continuing to commit crimes, escape, destroy evidence or commit suicide. According to the provisions of the Criminal Procedure Law, China's investigation behavior system should include the following contents: interrogation of criminal suspects, questioning of witnesses, victims, inquest, inspection, search, seizure of physical evidence, documentary evidence, identification, wanted, summons, bail pending trial, residential surveillance, detention and arrest.
(3) The investigation is over
The conclusion of investigation refers to a litigation activity in which the investigation organ thinks that the facts of the case have been ascertained and the evidence is sufficient to determine whether the suspect has committed a crime and whether criminal responsibility should be investigated, and decides to end the investigation, handle the case or put forward handling opinions according to law.
According to the provisions of the Criminal Procedure Law, the decision to transfer the case for examination and prosecution or dismiss the prosecution shall be made according to the different circumstances of the case.
1. Handling of the end of investigation by the public security organ: If the facts of the crime are clear and the evidence is true and sufficient, the public security organ shall write a Prosecuting Opinion and transfer it to the people's procuratorate at the same level for examination and decision. If the case should be examined and prosecuted by the people's procuratorate at a higher level or at the same level, it should also be transferred to the procuratorate for examination and decision. If the circumstances of the crime are minor, there is no need to be sentenced to punishment or the punishment can be exempted according to law, the public security organ may indicate that it meets the conditions for non-prosecution when transferring the prosecution, and the people's procuratorate shall examine and decide whether to prosecute.
If it is found in the investigation that the criminal suspect's behavior does not constitute a crime or there are other circumstances that should not be investigated for criminal responsibility according to law, a decision shall be made to dismiss the case and a written decision shall be made to dismiss the case. A criminal suspect who has been arrested shall be released immediately, issued with a release certificate and notified to the people's procuratorate that originally approved the arrest.
2. The people's procuratorate's handling of the end of investigation: The people's procuratorate's handling of its own case is basically similar to that of the public security organ after the end of investigation. The difference is that after the people's procuratorate's investigation, for cases that meet the conditions of prosecution or non-prosecution, the investigation department will formulate a Prosecution Opinion or a Prosecution Opinion, which will be transferred to the prosecution department together with other files, and the prosecution department will conduct a review, and then make a decision on prosecution or non-prosecution according to the review and prosecution procedures; For cases that need to be revoked, the investigation department shall directly report to the chief procurator or the procuratorial committee for decision.
(4) Supplementary investigation
Supplementary investigation means that public security organs or people's procuratorates re-investigate certain facts and circumstances of a case on the basis of the original investigation work in accordance with legal procedures.
The above is about whether lawyers can intervene in the investigation of criminal cases. From the above, lawyers play an important role in criminal cases, and lawyers should perform their professional duties and conduct litigation according to law.