1. Can the lawyer find the defendant before the prosecution?
Before the prosecution, because the case has not been established, the attorney has no right to ask the defendant to be a lawyer. At that time, lawyers should only be clients. However, as an ordinary natural person, the attorney has the right to find the defendant, which is endowed by the Constitution. However, if an agency agreement is signed, it is stipulated that the lawyer can't find the defendant, then it should be in accordance with the agreement.
Second, can lawyers meet the parties during the review and prosecution stage?
We can meet.
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 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.
What can a lawyer do for the defendant in the stage of examination and prosecution?
The stage of examination and prosecution generally refers to the time when the case has been investigated and handed over to the prosecution organ of the procuratorate until the prosecution organ of the procuratorate brings a lawsuit to the court. At this stage, the suspect's family and others outside the case can still see the suspect only through lawyers. Lawyers can do the following work in the stage of examination and prosecution:
1. Meet with the criminal suspect and provide the above-mentioned assistance to the criminal suspect during the investigation stage, such as obtaining bail pending trial.
2. A lawyer can learn more about the relevant case from the examination organ of the procuratorate, including reading or copying the identification technical data and prosecution opinions involved;
3. Lawyers can put forward defense opinions to the procuratorial organs on the innocence of criminal suspects, light crimes, and this crime and that crime; If the procuratorial organ adopts the lawyer's opinion, it may lead to the case being returned for supplementary investigation or not being prosecuted. Failure to prosecute means that the suspect is acquitted in advance.
4. Even if the above objectives cannot be achieved, lawyers can exchange their views on the case with the prosecutor during the examination and prosecution stage, so as to understand the prosecutor's accusation thinking and make more adequate preparations for successful defense.
5. Provide necessary psychological counseling and legal rights protection consultation for criminal suspects, and ensure them to face the reality and meet the challenges healthily and actively.
6. Communicate life information and family information outside the case for criminal suspects and their families, calm their emotions and guarantee their basic needs.
7. Prevent the criminal suspect from being extorted by torture or continuing or acting as an agent to appeal against the illegal case handlers.
3. What rights do lawyers have at the trial stage?
At the stage of examination and prosecution, the power of defense lawyers suddenly increased a lot. He is no longer a consultant, but a participant in the lawsuit. These powers mainly include:
1, 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.
3. Defence 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 and 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.
4. The defense lawyer has the right to put forward defense opinions to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted according to law.
5. 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.
The above is the relevant content of whether the attorney can find the defendant before the prosecution. From the above, we can know that the lawyer involved can't represent the defendant just because the case has not been filed before the prosecution. If you still don't understand or encounter any problems, you can consult a lawyer and they will give you professional advice.