1. Commission time
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, he can only entrust a lawyer as a defender. The defendant has the right to entrust a defender at any time.
2. Personnel requirements
Lawyers, people's organizations or people recommended by the unit where the criminal suspect or defendant works, guardians, relatives and friends of the criminal suspect or defendant may entrust defenders.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
3. The obligation to inform
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
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.
What can a lawyer do in the investigation stage?
1. Provide legal advice to criminal suspects.
2. Know the case.
3. Apply for bail pending trial.
4, on behalf of the complaint.
Legal basis: Article 38 of the Criminal Procedure Law stipulates that defense lawyers can provide legal assistance 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.
Article 41 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.