There are many legal provisions in our country, and almost all problems in life can be solved by law. Among the legal provisions in our country, there are many laws that serve our people, including the Criminal Procedure Law. There is a first interrogation in the provisions of the criminal procedure law, so can I hire a lawyer for the first interrogation in the criminal procedure law?
Can I hire a lawyer for the first interrogation in the Criminal Procedure Law?
The new criminal procedure law stipulates that 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.
The new criminal procedure law stipulates that defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions. Defense lawyers can meet and correspond with criminal suspects and defendants 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.
In order to protect the lawyer's right to meet, the new Criminal Procedure Law stipulates that if a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a certificate from a law firm, a power of attorney or a letter of legal aid, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
The new criminal procedure law also stipulates that when the investigation organ interrogates a criminal suspect for the first time or takes compulsory measures against the criminal suspect, it shall inform the criminal suspect 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.
In addition, the new criminal procedure law clarifies that when defense lawyers meet with criminal suspects and defendants in custody, they can understand the relevant situation of 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.
Article 39 of the Criminal Procedure Law: 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 criminal cases endangering national security and terrorist activities, 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 paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
relevant knowledge
How do family members know the time of the first interrogation?
1. If the public security organ or procuratorate restricts the personal freedom of your relatives and friends, according to the law, the summons or compulsory summons shall generally not exceed 12 hours, and you shall not be detained in disguised form by continuous summons or compulsory summons. If it is a criminal detention, except for three kinds of circumstances that hinder the investigation or cannot be notified, the family members or the unit where the detainee belongs shall be notified within 24 hours.
2. Close relatives have the right to know. Whether it is a notice of criminal detention by telephone or email, you can ask the case handlers about the alleged charges and the location of the detention center.
If you are under criminal detention or arrested, only a lawyer can see you. According to the existing law, family members or friends can't meet criminal suspects, only when they attend court meetings. During this period, only lawyers are entrusted to enter the detention center to meet with criminal suspects or defendants.
Whether lawyers can be hired for the first interrogation in the Criminal Procedure Law is clearly stipulated in our laws. In fact, we often encounter this situation. When we encounter this problem, the first thing to do is to understand the legal provisions of China's criminal procedure law, and do it under the circumstances permitted by law, otherwise we will face punishment.