First, change the concept of law enforcement and enhance the consciousness of strictly implementing the Lawyers Law.
Strict implementation of the revised lawyer law is an inevitable requirement to promote the construction of socialist democracy and rule of law, and an important measure to safeguard judicial justice, respect and protect human rights. Protecting lawyers' rights to meet, read papers and investigate and collect evidence according to law is conducive to improving the external supervision and control of procuratorial organs and further improving the level of work and the quality of handling cases. The procuratorial organs of the whole province should organize the vast number of procuratorial police officers to study the lawyer law in depth, deeply understand the legislative spirit, and enhance the consciousness of strictly implementing the lawyer law.
Two, establish and improve the relevant work system and mechanism, to protect the right of lawyers to practice according to law.
(1) Effectively guarantee lawyers' right to meet in the investigation stage of the procuratorate.
For duty crime cases directly put on file for investigation by procuratorial organs, the entrusted lawyer has the right to meet the criminal suspect and defendant in custody with the lawyer's practice certificate, the certificate of law firm, the power of attorney of the criminal suspect or his relatives or the letter of legal aid from the date when the criminal suspect is interrogated for the first time by procuratorial organs or compulsory measures are taken, so as to understand the case. Since the date of issuance of this notice, if a criminal suspect and his relatives hire a lawyer, the case-handling department of the procuratorial organ shall notify the detention center in writing of the name of the lawyer hired, the law firm where he works, and whether the procuratorial organ is present at the meeting with the lawyer within 24 hours. For cases involving state secrets, if the criminal suspect proposes to hire a lawyer, it shall still be implemented in accordance with the relevant provisions of the Criminal Procedure Law. The procuratorial organ shall, according to the circumstances of the case, decide whether to approve it in time according to law. If the lawyer is not approved to meet, the procuratorial organ shall promptly notify the detention center and shall not arrange for the lawyer to meet the criminal suspect. If there is a conflict between the lawyer's meeting with the criminal suspect and the trial of the procuratorial organ, the procuratorial organ shall not interrupt the trial when necessary, but shall promptly notify the lawyer to meet the criminal suspect after the trial.
(2) Effectively protect lawyers' right to read papers.
The Lawyers Law stipulates that in the stage of examination and prosecution, lawyers have the right to consult, extract and copy litigation documents and case files. The lawyer's right to read papers is the premise and basis for lawyers to exercise their right to defense. The procuratorial organs of the whole province should protect the right of entrusted lawyers to consult, extract and copy these litigation materials according to law. It is necessary to improve the specific work system and facilities for lawyers' marking according to the workflow and local conditions, and clarify the specific matters such as the application, time, place, extraction and copying of lawyers' marking, and shall not delay the arrangement of lawyers' marking under any excuse.
(3) Effectively protect lawyers' right to investigate and collect evidence.
After the case put on file for investigation by the procuratorial organ enters the stage of examination and prosecution, if the entrusted lawyer applies to the procuratorial organ for collecting and obtaining evidence that he cannot collect or obtain according to the needs of the case, the procuratorial organ shall timely examine it. If a lawyer is unable to obtain it by himself, which will affect the determination of the facts of the case and the application of the law, the procuratorial organ shall collect and obtain relevant evidence in time. The relevant information about the collection and collection of evidence shall be fed back to the applicant lawyer in time. If a lawyer applies for investigation and evidence collection in a case that has been transferred for prosecution, the procuratorial organ shall inform the lawyer to apply to the people's court.
(4) further improve the system of listening to lawyers' opinions.
The Criminal Procedure Law stipulates that when examining and prosecuting a case, the people's procuratorate shall interrogate the criminal suspect and listen to the opinions of the person entrusted by the criminal suspect. In addition to listening to lawyers' opinions in the stage of examination and prosecution, procuratorial organs can also listen to lawyers' opinions in an appropriate way in the stage of investigation, examination and arrest, and strengthen exchanges and communication with lawyers. In the stages of investigation, arrest and prosecution, the procuratorial organ shall carefully examine the opinions and relevant evidence materials of the entrusted lawyer that he is innocent, light in crime or needs to be investigated for criminal responsibility, and may exchange opinions with lawyers when necessary.
Third, strengthen coordination and supervision to ensure the realization of lawyers' practice rights.
The province's procuratorial organs should strengthen communication and coordination with judicial administrative organs and lawyers associations, actively listen to opinions and suggestions, and timely study and solve outstanding problems encountered in the implementation of the Lawyers Law. If the procuratorial organ finds that a lawyer violates the law, practice discipline and relevant regulations in the process of meeting a criminal suspect, it may inform the bar association or the judicial administrative organ of the relevant situation. In the course of practicing, if an individual lawyer is put on file for investigation because of a suspected crime and needs to take compulsory arrest measures, it shall be reported to the provincial procuratorate for examination and approval, and the judicial administrative organ to which the lawyer belongs shall be notified when the arrest is carried out. Provincial and municipal procuratorates should strengthen the inspection of the implementation of the Lawyers Law, and seriously deal with acts that unreasonably obstruct or make things difficult for lawyers to practice according to law. Accusations of individual prosecutors obstructing lawyers from practicing according to law shall be accepted and handled by the investigation and supervision department of procuratorial organs. This notice shall be implemented as of the date of issuance. If the provisions of the provincial procuratorate on the implementation of the revised lawyer law are inconsistent with this notice, it shall be implemented in accordance with this notice, and the problems encountered in the implementation shall be reflected to the provincial procuratorate in a timely manner.