According to the provisions of Article 33 of the Criminal Procedure Law, 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. Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance. Article 83 When a public security organ detains a person, it must produce a detention permit. After detention, the detained person shall be immediately sent to the detention center for custody, and shall not exceed twenty-four hours. Unless it is impossible to notify or the notification of suspected crimes endangering national security or terrorist activities may hinder the investigation, the family members of the detained person shall be notified within 24 hours after detention. After the circumstances that hinder the investigation disappear, the family members of the detained person shall be notified immediately. Article 117 A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation, but the certificate of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record. The duration of summons or summons shall not exceed twelve hours; If the case is particularly serious and complicated and detention or arrest measures are needed, the time limit for summoning or compulsory summoning shall not exceed 24 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons. When summoning or detaining a criminal suspect, the suspect shall be guaranteed food and drink and necessary rest time.
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Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 37 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defender's duty is to put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 117 of the Criminal Procedure Law of People's Republic of China (PRC) * * * If a party, defender, agent ad litem or interested party commits one of the following acts against the judicial organ and its staff, he has the right to appeal or accuse the judicial organ: (1) If the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit; (2) The bail bond that should be returned has not been returned; (3) Take measures of sealing up, distraining and freezing the property irrelevant to the case; (four) the seizure, seizure and freezing should be lifted; (5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations. The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.