Combined with the provisions of the procedures for handling cases by public security organs, there are mainly the following twelve questions in chronological order:
First, first of all, we should know from the public security organs in custody, is it detention for questioning or detention?
Two, to immediately ask the public security organs in custody is criminal detention or public security detention?
Third, if it is a criminal detention, then we must strive to get a detention notice as soon as possible, because the detention notice usually States the charges against the suspect.
Four. Jurisdiction of criminal cases?
Five, apply to the public security organ of the detention center for bail pending trial and related regulations.
Six, the relevant provisions and common sense of hiring a lawyer.
7. Under what circumstances can a suspect's home be searched?
8. Can the suspects communicate?
Nine, how to help criminal suspects?
X. Handling of pledged material evidence and documentary evidence
XI。 Inquire, freeze deposits and remit money.
Twelve, how to identify criminal suspects, and the relevant provisions of the identification?
First, first of all, we should know from the public security organs in custody, is it detention for questioning or detention?
Detention and interrogation and compulsory summons are both acts of public security organs exercising their functions and powers, which are very similar in behavior. Both police officers of public security organs bring suspects to public security organs for interrogation or interrogation. However, the nature of detention interrogation and compulsory summons is different. Detention and interrogation is an act of the police of public security organs exercising their administrative functions and powers in order to maintain social order, and compulsory summons is an act of the police of public security organs exercising their criminal procedural functions and powers in criminal proceedings. These two different behaviors are regulated by the police law and the criminal procedure law respectively. As the criminal procedure law is a criminal procedure law, it only stipulates the rights and obligations between the subjects of criminal proceedings, as well as the ways and methods of litigation, while detention and interrogation are not criminal proceedings. Therefore, the provisions of the Criminal Procedure Law are not binding on detention and interrogation. When maintaining public order and performing official duties, the police of the public security organ may, in accordance with the provisions of Article 9 of the Police Law, detain the interrogated person for no more than 24 hours from the time he brings himself to the public security organ. Under special circumstances, with the approval of the public security organ at or above the county level, it may be extended to 48 hours, and the interrogation record shall be kept. If the cross-examination is approved to continue, it shall immediately notify the family members or the unit to which it belongs. If the interrogation is not approved, the interrogated person shall be released immediately.
If the public security organ considers it necessary to take detention or other compulsory measures against the interrogated person according to law after continuing the interrogation, it shall make a decision within the time limit specified in the preceding paragraph; If the above decision cannot be made within the time limit specified in the preceding paragraph, the interrogated person shall be released immediately.
However, after the criminal case is put on file, that is, after the case enters the criminal proceedings, it must be executed in accordance with the provisions of the Criminal Procedure Law, and the summons and summons shall not exceed 12 hours.
However, the suspect shall not be taken out of the city or county where he is located, whether it is detained for interrogation or forced summons. In this regard, the Ministry of Public Security's "Procedures for Public Security Organs to Handle Criminal Cases" clearly stipulates that summoning and summoning shall be carried out in different places, and the person subjected to execution shall contact the public security organs at or above the county level with the Notice of Summoning, the Confiscation Certificate, the case handling letter and the work certificate. The public security organ shall assist in summoning and forcing the criminal suspect to go to the place designated by the city or county or to the residence of the criminal suspect for interrogation.
Two, to immediately ask the public security organs in custody is criminal detention or public security detention?
Criminal detention is a compulsory measure for public security organs and procuratorial organs to apply to criminal suspects and active criminals in an emergency. According to the provisions of the Criminal Procedure Law, public security organs and procuratorial organs have the right to decide the right of detention, and public security organs have the right to execute the right of detention.
If your family or friends haven't come back after 12 hours of detention (after 24 hours of detention and questioning), you should immediately ask the public security whether the detainees are under criminal detention or public security detention.
If it is public security detention, you should be grateful at first, because fortunately, public security detention generally does not last more than fifteen days. At the same time, the application of public security detention is also a violation of social security.
If it is criminal detention, it means that there may be one or more of the following situations:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
However, the public security organ shall interrogate the detained person within 24 hours after detention. If it is found that the detainee should not be detained, a release notice will be issued with the approval of the person in charge of the public security organ at or above the county level, and the detention center will issue a release certificate to the detainee with the release notice and release him immediately.
After criminal detention, a notice of detention shall be issued within 24 hours and served on the detainee's family or unit. However, with the approval of the person in charge of the public security organ at or above the county level, no notice may be given:
(1) The suspect in the same case may escape, conceal, destroy or forge evidence;
(two) do not speak the real name and address, the identity is unknown;
(three) other obstacles to the investigation or unable to notify.
After the above situation is eliminated, the family members of the detained person or their units shall be notified immediately.
If no notice is given within twenty-four hours, the reasons shall be indicated on the detention notice.
In judicial practice, there are still many cases in which the families of criminal suspects have not received the detention notice. Except for a few police officers who handle cases irregularly, the correspondence address provided by the criminal suspect is unknown or refuses to provide the actual residence address, which makes it impossible to notify.
Therefore, in this case, it is best to take the initiative to contact the public security organ and ask them not to mail the detention notice, but to go directly to the public security organ for signature. Under normal circumstances, as long as they can prove that they are relatives or friends of the criminal suspect, the public security organs will agree to this legitimate request.
It should be noted that if a criminal suspect fails to tell his real name, address and identity, and cannot be found out and submitted for approval of arrest within 30 days, with the approval of the person in charge of the public security organ at or above the county level, the detention period shall be counted from the date of finding out his identity, but the investigation of his criminal behavior will not stop.
In cases where there is evidence to prove criminal facts, you can also apply for approval of arrest according to your self-reported name.
Third, if it is a criminal detention, then we must strive to get a detention notice as soon as possible, because the detention notice usually States the charges against the suspect.
In any crime, the most important factor affecting sentencing is conviction (that is, the nature of criminal behavior), and the charges often basically determine the approximate sentencing scope of criminal suspects.
At the same time, according to the starting time of the suspect's detention specified in the detention notice, the time limit for the final approval of the arrest of the suspect can be roughly judged.
If a detained criminal suspect needs to be arrested after examination, it shall be submitted to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, with the approval of the person in charge of the public security organ at or above the county level, the time for submitting an arrest for examination and approval may be extended by one to four days.
With the approval of the person in charge of the public security organ at or above the county level, the time for reporting for examination and approval can be extended to 30 days for major criminal suspects who commit crimes on the run, commit crimes repeatedly or commit crimes in partnership.
During the review, the public security organ must make one of the following decisions
(a) if it is necessary to arrest, within the detention period, apply for approval of arrest according to law;
(two) criminal responsibility should be investigated, but it is not necessary to arrest, and after obtaining bail or residential surveillance procedures according to law, directly bring a lawsuit to the people's procuratorate;
(3) If the facts of the crime cannot be ascertained during the period of detention, the investigation shall be continued after going through the formalities of obtaining bail pending trial or residential surveillance according to law;
(4) To dismiss the case, release the detainee and issue a release certificate. Need administrative treatment, according to law.
If it is found that the public security organs and procuratorial organs have taken compulsory measures against a criminal suspect beyond the statutory time limit, the criminal suspect, the defendant and his legal representative, close relatives or lawyers entrusted by the criminal suspect or the defendant have the right to demand the cancellation of compulsory measures. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Four. Jurisdiction of criminal cases?
After understanding the above situation, we must first determine whether the public security organ or the procuratorial organ that takes compulsory measures to detain the suspect enjoys the jurisdiction of this case. Because the case belongs to which public security organ or procuratorial organ, it will directly determine the actual detention place (detention center) of the suspect. Under normal circumstances, in China, public security organs have corresponding places of detention. For example, if a case is under the jurisdiction of the Shanghai Pudong New Area Public Security Bureau, the suspect will generally be detained in the Pudong New Area Detention Center, and then the Pudong New Area People's Procuratorate will file a public prosecution and the Pudong New Area People's Court will try and decide (if it is a major criminal case, the first branch of the Shanghai People's Procuratorate will file a public prosecution and the Shanghai No.1 Intermediate People's Court will try and decide). ), of course, it also determines the prison where the criminal suspect will be reformed through labor after being sentenced.
At the same time, although China has not given the Higher People's Court the power of judicial interpretation, due to the complexity of criminal cases, all provinces (cities, autonomous regions) have certain general standards for sentencing the same crime within their jurisdiction, so it is still necessary for all provinces (cities, autonomous regions) to issue some handling opinions that are applicable to the whole province (city, autonomous region) at the same time. Therefore, many criminal trial chambers of Higher People's Courts in many provinces will issue some meeting minutes or handling opinions to guide the criminal trial work in the whole province. However, the sentencing of the same crime sometimes varies greatly from province to province.
Therefore, if possible, try to make the suspect's case detained and tried in the province that is most beneficial to him.
The following is a brief introduction to the provisions on the jurisdiction of criminal cases:
According to the provisions of the Criminal Procedure Law on the division of jurisdiction over criminal cases, except for corruption and bribery, dereliction of duty by state staff, illegal detention, extorting confessions by torture, violent evidence collection, retaliation and framing, illegal search, crimes of infringing citizens' democratic rights, crimes of beating and corporal punishment by supervisors, and crimes of military personnel violating their duties, other major criminal cases committed by state staff by taking advantage of their functions and powers can be prosecuted by the people's procuratorate at or above the provincial level with the approval.
The public security organ shall accept the criminal case directly accepted by the people's court. If the victim has evidence and the private prosecution is rejected due to insufficient evidence, it may be accepted and handed over by the public security organ.
A criminal case shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
Several criminal cases under the jurisdiction of public security organs are under the jurisdiction of the public security organ that initially accepted them. When necessary, it may be under the jurisdiction of the public security organ in the main crime place.
For criminal cases with unclear jurisdiction, the relevant public security organs may determine the jurisdiction through consultation.
Criminal cases with controversial jurisdiction or special circumstances may be designated by the public security organs at higher levels for jurisdiction.
Public security organs at the county level are responsible for investigating criminal cases within their respective jurisdictions; Public security organs at or above the prefecture (city) level are responsible for investigating major foreign-related crimes, major economic crimes, major group crimes and major criminal cases that are difficult for public security organs at lower levels to detect.
The internal jurisdiction of public security organs over criminal cases is determined according to the establishment of criminal investigation institutions and their division of responsibilities.
Criminal cases in organs, factories, sections, hospitals, schools, research institutes, teams and groups of railway, transportation and civil aviation systems, criminal cases in railway stations, ports, docks and airport work areas, criminal cases in railway construction sites, cases of stealing or damaging railways, water transport, communications, power lines and other important facilities along railways and water transport.
The public security organ of the forestry system is responsible for the investigation of criminal cases such as illegal logging, deforestation, endangering terrestrial wildlife and rare plants within its jurisdiction; Forestry public security organs in large-scale forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If a special forestry public security organ is not established, it shall be under the jurisdiction of the local public security organ.
When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, it shall transfer the criminal case under the jurisdiction of the people's procuratorate to the people's procuratorate. If the suspected principal offender is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; The public security organ shall cooperate with the people's procuratorate if the main suspected crime falls under its jurisdiction.
The division of jurisdiction between the public security organs and the military over criminal cases is as follows:
(1) Where a soldier commits a crime in the local area, the local public security organ shall promptly hand it over to the military security department for investigation.
(2) Where a local person commits a crime in a military camp, the military security department shall hand it over to the public security organ for investigation.
(3) Crimes committed by soldiers and local personnel in military camps are mainly organized by the military security department and coordinated by the public security organs; * * * Crimes committed in the local area are mainly investigated by public security organs, with the cooperation of military security departments.
(4) If an active serviceman commits a crime in the local area before joining the army and should be investigated for criminal responsibility according to law, the public security organ shall conduct investigation with the cooperation of the military security department.
(5) If an active serviceman is found to have committed a crime during his service in a military camp after retiring from active service, he shall be investigated for criminal responsibility according to law, and the military security department shall cooperate with the public security organs.
(6) Soldiers who commit crimes on the way out of active service, or recruits who have been approved to join the army but have not gone through the handover procedures with the army, shall be investigated by the public security organs.
(7) Cases in which the military interests and rights and interests of soldiers are not infringed upon are handed over, leased or lent to local units for use, military camps, camps, warehouses, airports and docks managed by local people's armed forces departments, and military dormitories where troops and local personnel live together, and the public security organs shall, with the cooperation of the military security departments, conduct investigations.
(8) Cases of companies, factories, mines, hotels, restaurants, theaters and joint ventures between the military and the land registered in the administrative department for industry and commerce shall be investigated and dealt with by the public security organs with the cooperation of the military security departments.
When handling criminal cases involving public security organs and the army, the public security organs and the relevant security departments of the army should exchange information in a timely manner, strengthen cooperation and cooperate closely; Cases with disputed jurisdiction should be studied through consultation, and if necessary, they can be settled by the higher authorities of both parties through coordination.
Servicemen referred to in this article refer to servicemen, army workers and retirees managed by the army.
The division of criminal jurisdiction between public security organs and armed police forces shall be handled in accordance with the principle of division of criminal jurisdiction between public security organs and military forces.
Criminal cases of public security frontier defense, fire fighting and security departments and personnel of gold, transportation, water, electricity and forest forces in the Armed Police Force are under the jurisdiction of public security organs.
5. Apply to the public security organ in custody for bail pending trial,
Bail pending trial means that people's courts, people's procuratorates and public security organs order criminal suspects and defendants to pay a deposit or provide a guarantor, and issue compulsory measures to ensure that they do not evade or hinder investigation, prosecution and trial.
Objectively speaking, after a criminal suspect is detained, the most important thing to consider, which is also the most time-consuming and energy-consuming behavior, is to obtain bail for him.
In judicial practice, the most common mistake is that it is generally believed (including some lawyers) that as long as a criminal suspect or defendant is detained, he and his legal representative, close relatives and lawyers can apply for bail pending trial. But in fact, this is not the case. China's criminal procedure law clearly stipulates that criminal suspects, defendants and their legal representatives and close relatives in custody have the right to apply for bail pending trial. There is no time limit, but if the lawyer hired wants to get bail on his behalf, it must be after the suspect is arrested.
Conditions to be met for obtaining a guarantor pending trial:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, take bail, so as not to cause social danger;
(3) The criminal suspect to be arrested suffers from a serious illness, or is a woman who is pregnant and nursing a baby under one year old;
(4) The evidence of the detained criminal suspect does not meet the conditions for arrest;
(five) after the arrest is submitted, the procuratorial organ does not approve the arrest and needs reconsideration and review;
(6) The case of detaining a criminal suspect cannot be settled within the statutory time limit, and the investigation needs to be continued;
(seven) after the transfer of prosecution, the procuratorial organ decides not to prosecute and needs reconsideration and review.
At the same time, it is stipulated that there should be no bail pending trial: recidivists, criminal group principals, criminal suspects who evade investigation by self-injury, crimes endangering national security, violent crimes and other serious crimes should not be released on bail pending trial.
Time for the detaining organ to reply after applying for bail pending trial: If the detained criminal suspect, his legal representative, his close relatives and the lawyer hired by the arrested criminal suspect apply for bail pending trial, they shall submit it in writing. The public security organ shall give a reply of approval or disapproval within seven days after receiving the application. Those who agree to obtain a guarantor pending trial shall go through the formalities of obtaining a guarantor pending trial according to law; If the applicant does not agree to obtain bail pending trial, it shall notify the applicant in writing and explain the reasons.
If it is necessary to release a criminal suspect on bail pending trial, a report on his application for bail pending trial shall be made, explaining the reasons for bail pending trial and the means of protection adopted, which shall be approved by the person in charge of the public security organ at or above the county level, and a decision on bail pending trial shall be issued. The "Decision on Bail Pending Trial" shall be read to the criminal suspect, who shall sign (seal) it and press the fingerprint.
Guarantee of obtaining a guarantor pending trial: If the public security organ decides to obtain a guarantor pending trial, it shall order the criminal suspect to put forward a guarantor or pay a deposit.
The same criminal suspect shall not be ordered to put forward a guarantor and pay a deposit at the same time. A criminal suspect who meets the conditions of obtaining a guarantor pending trial may be placed under residential surveillance if he has neither paid a deposit nor a guarantor.
To take the guarantor's guarantee, the guarantor must meet the following conditions and be examined and approved by the public security organ:
(1) is irrelevant to this case;
(2) Having the ability to perform the guarantee obligations;
(three) enjoy political rights and personal freedom is not restricted;
(4) Having a fixed residence and income.
The guarantor shall perform the following obligations:
(a) to supervise the guarantor to abide by the provisions of article eighty-sixth;
(2) If it is found that the warrantee may or has already violated the provisions of Article 86 of these Provisions, it shall promptly report to the public security organ that executed the bail pending trial.
The guarantor shall fill in the letter of guarantee and sign or seal it. If the guarantor violates the regulations that should be observed and fails to report in time, the public security organ shall, after verifying the facts and with the approval of the person in charge of the public security organ at or above the county level, issue a "Decision on Fining the Guarantor" and impose a fine on the guarantor; If a crime is constituted, criminal responsibility shall be investigated according to law.
The public security organ shall announce the penalty decision on the guarantor and inform him that he is not satisfied with the penalty decision, and he may apply to the public security organ at the next higher level for review within five days from the date of receiving the "Penalty Decision on the Guarantor".
The public security organ at the next higher level shall make a decision within seven days from the date of receiving the application for review. If the public security organ at a higher level cancels or changes the fine decision, the public security organ at a lower level shall implement it.
Where a guarantor is used to guarantee a criminal suspect, if the guarantor is unwilling to continue to guarantee or lose the guarantee conditions during the period of obtaining a guarantor pending trial, the criminal suspect shall be ordered to re-submit the guarantor or pay the deposit.
If a criminal suspect is ordered to pay a deposit, it shall be submitted to the person in charge of the public security organ at or above the county level for approval after strict examination.
If a criminal suspect is ordered to pay a higher amount of deposit, it shall be approved by the person in charge of the public security organ at or above the prefecture (city) level.
The amount of the deposit shall be determined according to the local economic development level, the economic situation of the criminal suspect, the nature, circumstances, social harm and the severity of possible punishment of the criminal suspect.
The deposit shall be paid in RMB or a currency convertible by financial institutions in China.
The deposit shall be paid by the criminal suspect or his relatives and friends, legal representative and unit to the bank account designated by the public security organ.
It is strictly prohibited to intercept, finance, misappropriate or occupy the deposit in other ways.
When notifying the criminal suspect to pay the deposit, the public security organ shall inform him of the regulations that he must abide by and the consequences that he should bear if he violates the regulations.
If a criminal suspect violates the relevant provisions during the period of obtaining bail pending trial, the public security organ shall, according to the circumstances of his illegal act, decide to confiscate part or all of the deposit, and order him to make a statement of repentance, pay the deposit again, put forward a guarantor, change his residential surveillance or submit it to the people's procuratorate for approval of arrest.
If the deposit needs to be confiscated, it shall be strictly examined and reported to the person in charge of the public security organ at or above the county level for approval, and a "Decision on Confiscation of Deposit" shall be issued.
The decision to confiscate a higher amount of deposit shall be approved by the person in charge of the public security organ at or above the prefecture (city) level.
The public security organ shall, within seven days, read the decision on the confiscation of deposits to the criminal suspect, and order him to sign (seal) the decision on the confiscation of deposits and press his fingerprint; If a criminal suspect is at large, he shall make an announcement to his family, legal representative or unit, and ask his family, legal representative or person in charge of the unit to sign or seal the decision on the confiscation of deposits.
If the criminal suspect or his family, legal representative or person in charge of the unit refuses to sign or seal, the public security organ shall indicate it in the decision on the confiscation of deposits.
When the public security organ reads the Decision on Confiscation of Deposits to the criminal suspect, it shall inform the criminal suspect that if he refuses to accept the decision on confiscation of deposits, he may apply to the public security organ at the next higher level for review within five days.
The public security organ at the next higher level shall make a decision within seven days from the date of receiving the application for review. If the public security organ at a higher level cancels or changes the decision to confiscate the deposit, the public security organ at a lower level shall implement it.
After the decision to confiscate the criminal suspect's deposits has passed the review period or review, the public security organ shall promptly notify the designated bank to turn over the confiscated deposits to the state treasury in accordance with the relevant provisions of the state.
If the criminal suspect does not violate the above provisions during the period of obtaining a guarantor pending trial, the public security organ shall return the deposit in full to the criminal suspect while releasing the guarantor pending trial.
If a decision is made to refund the deposit, it shall be submitted to the person in charge of the public security organ at or above the county level for approval after strict examination, and a "Decision on Refund of the Deposit" shall be issued.
After the public security organ decides to return the deposit of the criminal suspect, it shall notify the designated bank to return the deposit in full to the criminal suspect while the criminal suspect is released on bail pending trial, and the criminal suspect shall sign (seal) the decision on returning the deposit and fingerprint it.
A criminal suspect released on bail pending trial must abide by the following provisions:
(a) without the approval of the executive organ, shall not leave the city or county where they live;
(2) Being present in time when being arraigned;
(three) shall not interfere with the testimony of witnesses in any form;
(four) shall not destroy or forge evidence or collusion.
If the public security organ decides to obtain bail pending trial, it shall promptly notify the police station where the criminal suspect lives to execute it.
If the people's court or the people's procuratorate decides to get a bail pending trial, it shall handle it according to different situations: if it gets a bail pending trial, the county-level public security organ in charge of execution shall, after receiving the legal documents and relevant materials, verify the person who has been released on bail pending trial, and promptly designate the police station where the criminal suspect and defendant live to execute it; If a deposit is collected, the public security organ at the county level responsible for execution shall, after receiving the legal documents and relevant materials, promptly notify the person who has been released on bail to pay the deposit, and designate the police station where the criminal suspect and defendant live to execute it.
If the guarantor or the guaranteed person violates the provisions that should be observed, the public security organ at or above the county level shall decide to confiscate the deposit or impose a fine on the guarantor, and promptly notify the organ that originally decided to obtain a guarantor pending trial for execution.
If the people's court or people's procuratorate decides to cancel or change the bail pending trial, the public security organ shall cancel the bail pending trial according to the decision of the people's court or people's procuratorate and return the deposit.
A criminal suspect or defendant who has been released on bail pending trial shall not leave the city, county or place of residence without justifiable reasons. If there is a justifiable reason to leave the city or county where you live, it shall be reported to the county-level public security organ for approval. If the people's court or the people's procuratorate decides to obtain a guarantor pending trial, the public security organ shall obtain the consent of the original decision-making organ before making a decision.
Perform the duties of the police station on bail pending trial:
(1) To supervise and inspect the compliance of criminal suspects and defendants with relevant regulations;
(2) Supervising the guarantor to fulfill his guarantee obligations;
(3) If the criminal suspect or defendant violates the provisions that should be observed and the guarantor fails to perform the guarantee obligation, it shall promptly inform the decision-making organ;
(four) ten days before the expiration of the bail period, notify the original decision-making organ.
The police station that executes bail pending trial shall order the criminal suspects and defendants who have been released on bail to report the relevant information regularly and make records.
The public security organ shall not interrupt the investigation of the case during the period of bail pending trial, and the criminal suspect who is released on bail pending trial shall promptly change the compulsory measures or lift the bail pending trial according to the change of the case.
The maximum period of bail pending trial shall not exceed twelve months.
If it is necessary to lift the bail pending trial, the original decision-making organ shall make a decision and notice on lifting the bail pending trial and serve it on the executing organ. The executing organ shall promptly notify the person released on bail and the guarantor.
Sixth, the issue of hiring a lawyer.
In our country, it is the best choice for the families of criminal suspects to protect and realize the relevant rights and interests of criminal suspects to hire lawyers in criminal cases. Due to the limitation of space, this paper briefly summarizes the role of lawyers after the criminal suspect is suddenly detained.
6. 1. Time to hire a lawyer: A criminal suspect can hire a lawyer to provide legal advice, appeal and accuse him on his behalf after the first interrogation by the investigation organ or 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.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
The role of lawyers in the public security stage mainly includes
1. Meet the suspect. 2. Providing legal advice to criminal suspects.
3. Apply for bail pending trial or assist in handling bail pending trial. 4. Acting as an agent for complaints and allegations
The following will briefly describe the functions and related provisions of each aspect as follows:
6.2. To undertake the main duties of lawyers:
6.2. 1 After accepting the entrustment, the undertaking lawyer shall contact the investigation organ in time, submit the power of attorney, the letter from the law firm and present the lawyer's practice certificate.
6.2.2 The attorney-in-charge shall know the charges charged by the criminal suspect from the investigation organ, and put forward specific requirements for meeting the criminal suspect in time.
6.3 Meeting with criminal suspects
6.3. 1 A lawyer can meet a criminal suspect who is not in custody at his residence, unit or law firm. No one else should attend the meeting.
If the criminal suspect is a minor, blind, deaf or dumb, his legal representative or close relatives shall be present at the meeting.
6.3.2 Lawyers do not need to be approved to meet the criminal suspect whose residence is under surveillance.
6.3.3 For cases that do not involve state secrets, lawyers do not need to obtain approval to meet the criminal suspect in custody. Lawyers have the right to ask the investigation organ to arrange a meeting within 48 hours. For the crimes of organizing, leading and participating in underworld organizations, organizing, leading and participating in terrorist activities, or smuggling crimes, drug crimes, corruption and bribery crimes, etc. If a lawyer proposes to meet the criminal suspect, he shall arrange a meeting within five days. The investigation organ may send personnel to the scene according to the circumstances and needs. If the investigation organ fails to arrange a meeting according to law, the lawyer has the right to report to the relevant departments and ask for correction.
6.3.4 For a case involving state secrets, a lawyer shall submit a written application to the investigation organ for approval when meeting a criminal suspect in custody. If the investigation organ does not approve the meeting, the lawyer shall ask him to issue a written decision; If it is not a case or the nature of the case itself involves state secrets, the lawyer may file a reconsideration or report to the relevant department.
After understanding the above legal knowledge, the most important thing is to keep a good attitude. On the one hand, I believe that ordinary public security organs will not detain criminal suspects without reason, on the other hand, they should actively take legal measures to protect the legitimate rights and interests of criminal suspects to the maximum extent. At the same time, there should be no "disorderly going to the hospital". It is better to contact the public security organ directly or entrust a lawyer to exercise the corresponding rights according to law.