First, what stage is public security investigation in handling cases?
1. Search and collect all kinds of evidence related to the case according to legal procedures, find out the criminal facts, seize and identify the criminal suspect, and take necessary compulsory measures to prevent the current criminals and criminal suspects from continuing their criminal activities or evading investigation, prosecution and trial, so as to ensure the effective conduct of criminal proceedings.
2. Specifically, it means that the investigation organs investigate criminal cases that have been filed in accordance with legal procedures, collect and sort out all kinds of evidence materials of criminal suspects' guilt or innocence, and find out the criminal facts accurately and timely, arrest the criminal suspects, and take necessary compulsory measures according to the specific circumstances of the case to prevent criminals from evading investigation or destroying, forging evidence and colluding with each other.
Two, the lawyer hired by the criminal suspect in the investigation stage, mainly perform three duties:
1, provide laws for criminal suspects, help them understand relevant laws and regulations, and explain relevant legal issues. The provision of law by lawyers cannot be understood as merely reading out the legal provisions or explaining the legal provisions themselves, nor can it be understood as merely answering legal questions raised by criminal suspects. Lawyers have the responsibility to help legal issues related to criminal suspects, whether or not they are raised with lawyers, such as informing them of their due litigation rights and related legal responsibilities.
2. Acting as an agent for complaints and accusations, acting as an agent for criminal suspects to tell grievances to relevant departments, to defend themselves, and to accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects. Lawyers need the consent of the criminal suspect to represent the accusation and accusation. However, if the criminal suspect is unable to complain or accuse because of serious illness, or is afraid to complain or accuse because of being threatened, the lawyer can also take the initiative to complain and accuse to safeguard the legitimate rights and interests of the criminal suspect.
If the suspect is arrested, the lawyer can apply for bail pending trial.
3. What legal aid does the lawyer provide to the criminal suspect in the investigation stage?
1. A lawyer may ask the investigation organ about the crime suspected by the criminal suspect, and the investigation organ shall inform the lawyer what crime the investigation organ suspects the criminal suspect has committed;
2. Lawyers can meet with the criminal suspect in custody, learn the facts of the case from the criminal suspect through his statement, and know whether the investigation organ has violated the legal rights of the criminal suspect. Except for cases involving state secrets, if a lawyer requests to meet with the criminal suspect, the investigation organ shall not refuse for any reason, and it does not need the consent of the investigation organ. The investigation organ can't ask the lawyer to fill in the interview application form, which will be examined and approved by the investigation organ at different levels, nor can it ask the lawyer to submit the interview outline to the case-handling personnel before the meeting, let alone limit the times and time for the lawyer to meet the criminal suspect. After receiving the lawyer's application, the investigation organ shall arrange a meeting in time.
3. For ordinary cases, a meeting should be arranged within 48 hours. If the lawyer asks for an immediate meeting, as long as the suspect has not been questioned or has other objective reasons, it should be arranged in time, which cannot be understood as waiting for 48 hours. However, for criminal cases of organizing, leading and participating in underworld organizations, criminal cases of organizing, leading and participating in terrorist organizations, and major and complex criminal cases involving more than two people, in order to facilitate the investigation activities of the investigation organs and help crack down on these serious crimes, the time for the investigation organs to arrange interviews may be appropriately extended. If a lawyer applies for a meeting, the investigation organ should not arrange it within 48 hours, but should.
For cases involving state secrets, lawyers should be approved by the investigation organ when meeting with criminal suspects. That is to say, for cases involving state secrets, if the investigation organ approves the criminal suspect to hire a lawyer, the lawyer should also meet the criminal suspect with the approval of the investigation organ. After the lawyer applies to the investigation organ for an interview, the investigation organ may approve or disapprove the lawyer's interview with the criminal suspect according to the needs of case investigation. In order to ensure the smooth progress of investigation activities and the security of state secrets, when lawyers meet with criminal suspects, the investigation organ may send personnel to be present according to the nature of the case, the seriousness of the case, the situation and needs of case investigation.
Legal basis:
Criminal Procedure Law of People's Republic of China (PRC)
Article 113
The public security organ shall investigate the criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 1 14
After investigation, the public security organs pre-examine cases with evidence to prove the facts of the crime and verify the evidence collected and obtained.