Many suspects and defendants in criminal cases think that lawyers can only be hired at the trial stage, so they miss the "best golden rescue period" to help them get rid of crimes according to law. Therefore, it is necessary for us to know when a criminal suspect or defendant can entrust a defense lawyer. Below, I will give you a detailed introduction to the time limit for the parties to a criminal case to entrust a defense lawyer. Please see the details.
1. When can I entrust a defense lawyer?
According to Article 33 of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender from the date when a public prosecution case is transferred to a people's procuratorate for examination and prosecution. The people's procuratorate shall, within 3 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 defendant in a case of private prosecution has the right to entrust a defender at any time. In other words, once the defendant in a private prosecution case knows that he has been reported by the people's court, he can entrust a defender. The people's court shall, within 3 days from the date of accepting the case of private prosecution, inform the defendant that he has the right to entrust a defender.
According to Article 15 1 of the Criminal Procedure Law, after the people's court decides to hold a hearing, it shall serve a copy of the indictment of the people's procuratorate on the defendant at the latest 10 days before the hearing. If no defender is appointed, inform the defendant that a defender can be appointed.
A criminal suspect or defendant may entrust a defender by himself, and his legal representative, his family members or his unit may also entrust a defender for him.
Second, the time limit for entrusting a defense lawyer.
According to Article 33 of the Criminal Procedure Law, the defendant in a private prosecution case has the right to entrust a defender at any time. The people's court shall, within 3 days from the date of accepting the case of private prosecution, inform the defendant that he has the right to entrust a defender.
2. The criminal suspect in a public prosecution case has the right to entrust a defender from the date when the case is transferred to the People's Procuratorate for examination and prosecution.
(1) A criminal suspect may hire a lawyer to provide legal aid after being interrogated for the first time by the investigation organ or from the day when compulsory measures are taken.
(2) The people's procuratorate shall, within 3 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.
(3) The criminal suspect has the right to entrust a defender to a case directly accepted by the people's procuratorate from the date when the criminal investigation department of the people's procuratorate transfers the case to the examination and prosecution department.
3. According to Article 15 1 of the Criminal Procedure Law, if the defendant fails to appoint a defender before the opening of the court session 10, the people's court shall inform the defendant that he can appoint a defender.
I believe that by reading this article, you have a certain understanding of the "time limit for entrusting a defense lawyer". It should be noted that in some criminal cases, after repeated communication and consultation between the prosecution and the defense before the trial, the results have actually been achieved. Therefore, it is often not confrontation, but preparation that determines the outcome. In fact, the evidence collected by the case-handling department in the investigation stage largely determines the crime and innocence of the criminal suspect and defendant in the trial. Therefore, after being suspected of committing a crime.