Defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case, that is, the public security organ can read the case files after handing them over to the procuratorate. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Lawyers involved in the investigation stage can provide the following assistance to criminal suspects:
1. Lawyers can meet with criminal suspects, inform their families of their concerns, ease the anxiety of criminal suspects and give psychological comfort. At the beginning of restricting personal freedom, many people's living environment, social status and psychological pressure suddenly changed, which many people could not bear. Things that should not have happened under poverty.
2. When a lawyer meets a criminal suspect, he can explain the accused charges and relevant legal knowledge to the criminal suspect. Let the suspect have a clear understanding of the difficulties he faces and know what to do and what not to do;
3. When a lawyer meets a criminal suspect, he can learn from the criminal suspect whether he is innocent or guilty, and help to do some work of fixing strong evidence to prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a temporary carelessness may lead to never obtaining favorable evidence;
4. Lawyers can avoid extorting confessions by torture to the greatest extent when meeting with criminal suspects. Although the legal environment in our country is improving day by day, the phenomenon of extorting confessions by torture still occurs from time to time, and even the tragedy of extorting confessions by torture and maiming to death appears. In case of extorting a confession by torture, lawyers can lodge complaints and accusations on behalf of criminal suspects, thus effectively reducing this situation;
5. By meeting with the criminal suspect, the lawyer can help the criminal suspect to correctly understand his behavior, so as to get the opportunity to make meritorious service and thus reduce the punishment;
6. In the investigation stage, lawyers can help criminal suspects to apply for bail pending trial according to the case, which can resolve the crisis well;
7. With the revision of the Criminal Procedure Law, lawyers will also increase on-site work to better protect the legitimate rights and interests of criminal suspects.
To sum up, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case, that is, the public security organ can read the case files after handing them over to the procuratorate. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Legal basis:
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC)
From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file.
Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.