What can lawyers do in the stage of examination and prosecution?

Legal analysis: First, defense lawyers have the right to read papers. The people's procuratorate may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date of examination and prosecution of the case. Litigation documents include the decision to file a case, detention certificate, decision to approve arrest, decision to arrest, arrest warrant, search warrant, prosecution opinion and other procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for review and prosecution.

Technical appraisal materials include forensic medicine appraisal, forensic psychiatry appraisal, material evidence technical appraisal and other documents that record the appraisal situation and appraisal conclusion, and are formed by the appraisal of people, things and other relevant evidence materials by qualified personnel.

2. Have the right to meet with criminal suspects. A defense lawyer can meet a criminal suspect in custody with his lawyer's practice license, power of attorney and letter of introduction from a law firm, and the time and frequency of the meeting are not limited. When the defense lawyer meets the criminal suspect, the procuratorial organ does not send personnel to be present. When a defense lawyer meets a criminal suspect whose residence is under surveillance, he shall meet other criminal suspects who are not in custody at his residence, unit or law firm.

Third, defense lawyers have the right to investigate and collect evidence. When a case of public prosecution is transferred to prosecution, the defense lawyer shall apply for collecting materials related to the case from the victim, his close relatives or witnesses provided by the victim, and shall be in written form and explain the reasons for the application. If the defense lawyer makes the above application, the procuratorate shall solicit the opinions of the victim, his close relatives or witnesses provided by the victim, and give a written reply to the applicant within 7 days from the date of receiving the application. According to the application of a defense lawyer, if evidence is collected or retrieved, the defense lawyer may be notified to be present, or the results of the collection and retrieval of evidence shall be informed to the defense lawyer in time.

Four, defense lawyers have the right to put forward defense opinions, to prove that the criminal suspect is innocent, the crime is light, or to reduce or exempt his criminal responsibility.

Five, the defense lawyer has the right to apply to the procuratorial organ for bail pending trial according to the case. Defense lawyers believe that criminal suspects who have taken compulsory measures beyond the statutory time limit have the right to request the cancellation or change of compulsory measures.

Legal basis: Article 39 of the Criminal Procedure Law of People's Republic of China (PRC), 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.

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 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.