1. Is it useful to find a lawyer after the procuratorate approves the arrest?
It's still useful to find a lawyer. Article 96 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that a criminal suspect may hire a lawyer to provide him with consultation, complaint and accusation after the first interrogation by the investigation organ or from the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.
After accepting the entrustment, the lawyer got in touch with the investigation organ, learned from the investigation organ about the charges charged by the criminal suspect, and put forward specific requirements for meeting the criminal suspect in time. Since the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter to learn about the relevant case.
2. What rights do defense lawyers have?
1. The right to be entrusted as a defender. From the date when the case is transferred for examination and prosecution, the lawyer has the right to accept the entrustment of the criminal suspect as his defender. Private prosecution cases have the right to accept entrustment at any time.
2. The right to read newspapers. Defense lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials in this case.
3. Right to meet and correspond. The defense lawyer has the right to meet and correspond with the criminal suspect in custody. Whether the case involves state secrets does not need the examination and approval of the procuratorate, and the procuratorate cannot send personnel to be present.
4. Right to express opinions. When examining a case, the people's procuratorate shall listen to the opinions of the client of the criminal suspect.
5. Apply for bail pending trial. Defense lawyers have the right to apply for bail pending trial for criminal suspects in custody.
6. The right to request the cancellation of compulsory measures beyond the statutory time limit. If the people's procuratorate takes compulsory measures against a criminal suspect beyond the statutory time limit, the defense lawyer has the right to request the people's procuratorate to terminate it.
3. What is the scope of the defender?
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.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 33 In the process of hearing a case, the people's court shall fully ensure that the defendant exercises the right of defense as stipulated in Article 32 of the Criminal Procedure Law. However, the following persons shall not be entrusted as defenders:
(a) was sentenced to probation, the sentence has not been executed;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Persons without capacity or persons with limited capacity;
(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;
(5) People's jurors in our hospital;
(6) People who have an interest in the trial result of this case;
(7) Foreigners or stateless persons.
The people's court may allow the person specified in items (4), (5), (6) and (7) of the preceding paragraph to be a close relative or guardian of the defendant and be entrusted by the defendant to act as a defender.
It is most useful to find a lawyer in criminal cases, but finding a lawyer does not mean that you can not bear legal responsibility. Lawyers can only stand on the legal point of view and strive for a relatively fair judgment for criminal suspects. Moreover, lawyers can sometimes really play the role of supervising judicial organs in handling cases.