When interrogating a criminal suspect or taking compulsory measures against him for the first time, the investigative agency shall inform him of the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting the case, notify the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey the request.
If a criminal suspect or defendant is in custody, his or her guardian or close relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.
At the same time, lawyers can defend their clients or look for evidence of mitigating guilt or innocence. According to Article 35 of the Criminal Procedure Law, the defender's duty is to provide materials and opinions on whether the criminal suspect or defendant is innocent, has a minor crime, or has his or her criminal liability reduced or exempted, and to safeguard the rights of the criminal suspect or defendant. Litigation rights and other legal rights.
Article 36: Defense lawyers may provide legal aid to criminal suspects during the investigation; represent them in appeals and accusations; apply for changes in compulsory measures; and inquire with the investigative agencies about the crimes the suspects are suspected of and related matters in the case. situation and provide opinions.
Article 37 Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.
If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.
In cases of crimes endangering national security, terrorist activities, and particularly major bribery crimes, defense lawyers must obtain permission from the investigation agency to meet with criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance.
Defense lawyers meet with criminal suspects and defendants in custody to learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants.
The provisions of paragraphs 1, 3, and 4 shall apply to meetings and communications between defense lawyers and criminal suspects and defendants who are under residential surveillance.