A criminal suspect may hire a lawyer to provide legal aid from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken.
(2) Lawyers handle cases.
1. The law firm and the client signed an entrustment agreement in duplicate, one for the client and one for the law firm to file;
2. The power of attorney signed by the client is in triplicate, one for the case-handling organ, one for the attorney and one for the client;
3. The law firm shall issue a lawyer's letter to the lawyer, and the lawyer shall hand it over to the case-handling organ.
Second, contact with the investigation organ.
1. After accepting the entrustment, the undertaking lawyer shall contact the investigation organ in time, submit the power of attorney, the official letter of the law firm and present the lawyer's practice certificate.
2. The attorney-in-charge should know the charges charged by the criminal suspect from the investigation organ and put forward specific requirements for meeting the criminal suspect in time.
Three. Meet the criminal suspect
(1) The lawyer has the right to ask the investigation organ to arrange a meeting with the suspect within 48 hours.
For the crimes of organizing, leading and participating in underworld organizations, organizing, leading and participating in terrorist activities, or smuggling crimes, drug crimes, corruption and bribery crimes, etc. If a lawyer proposes to meet the criminal suspect, he shall arrange a meeting within five days.
According to the case and needs, lawyers can decide the time and frequency of meeting with the criminal suspect in custody, and ask the investigation organ to make arrangements. Lawyers are not subject to illegal interference when meeting criminal suspects.
(2) When lawyers meet with criminal suspects in custody, they should first ask their opinions on hiring lawyers. If the criminal suspect agrees, he shall be required to sign the power of attorney for confirmation; If you don't agree, you should ask them to express their opinions in writing.
(3) When a lawyer meets with a criminal suspect, he may ask questions about the following cases:
1. The natural situation of the suspect;
2. Whether and how to participate in suspected cases;
3. The main facts and circumstances involved in conviction and sentencing or plea of innocence;
4. Whether the procedure of compulsory measures is legal, whether the procedures are complete, and whether the personal rights and litigation rights are violated;
5 whether there are other illegal acts in the investigation activities;
6. Other information you need to know.
(4) Lawyers provide the following legal aid to criminal suspects.
1. Legal provisions on the conditions, duration and application procedures of compulsory measures;
2. Legal provisions on the withdrawal of investigators, prosecutors and judges;
3. The criminal suspect has the obligation to truthfully answer the investigators' questions and has the right to refuse to answer questions irrelevant to the case in time;
4. The criminal suspect's right to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct.
5. The criminal suspect has the right to ask the investigation organ to inform him of the appraisal conclusion used as evidence, and apply for supplementary appraisal or re-appraisal;
6. The criminal suspect's right to defense;
7. The right of appeal and accusation of criminal suspects;
8. Relevant provisions of the Criminal Law on the alleged crimes of criminal suspects;
9. Criminal law on surrender, meritorious service and other relevant provisions;
10. Legal provisions on the jurisdiction of criminal cases;
1 1. Other legal issues.
Four, the criminal suspect to apply for bail pending trial.
(1) A lawyer may apply for bail pending trial if he believes that a criminal suspect in custody meets one of the following conditions:
1. The circumstances involved by the criminal suspect comply with the provisions of Article 51 of the Criminal Procedure Law;
2. The suspect suffers from a serious illness;
3. The criminal suspect is pregnant or breast-feeding his baby;
4. The detention measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
5. Other conditions stipulated by law for obtaining bail pending trial.
(2) A criminal suspect in custody or his legal representative or near relative requests a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the legal conditions are met, he may apply for bail pending trial on his behalf.
(3) Where a lawyer applies for obtaining a guarantor pending trial for a criminal suspect, he shall apply to the relevant authorities. The application shall specify the facts, reasons and guarantee methods of the application, and indicate the name of the law firm, lawyer's name, mailing address and contact information, etc.
(4) After applying for bail for a criminal suspect in custody, a lawyer shall ask the investigation organ to give a reply of approval or disapproval within seven days. For those who do not agree to obtain bail pending trial, lawyers have the right to ask them to explain the reasons for their disagreement, and may file a reconsideration or report to the relevant departments.
Verb (abbreviation for verb) represents complaints and accusations.
1. After understanding the case, if the lawyer thinks that the criminal suspect does not constitute a crime, is suspected of improper charges or does not belong to the investigation of criminal responsibility as stipulated in Article 15 of the Criminal Procedure Law, he can represent the criminal suspect to lodge a complaint with the relevant authorities and ask for correction.
2. Lawyers may appeal to the relevant departments on behalf of the criminal suspect if they find that the investigation organ has violated the personal rights, litigation rights or other legitimate rights and interests of the criminal suspect, or found illegal acts such as improper jurisdiction, illegal search and seizure.