1, lawyer's license and a copy of the lawyer's license;
2, letter of authorization;
3, the law firm issued "lawyers to meet with detained suspects of the letter";
4, law firms to meet with detained suspects of the lawyers, Defendant special letter of introduction";
Which, 1-3 is a lawyer to the case of the material issued by the authorities; 1, 2, 4 is a lawyer to the guard department of the material issued, in addition to lawyers in the investigating authorities issued 1-3, the investigating authorities will issue a "letter on the meeting of the official letter", the lawyer should be with the 1, 2, 4 together to the guard department to submit. Together with 1, 2, 4, submitted to the custody department.
For cases involving state secrets, the lawyer should also submit to the custody department of the case authorities issued by the authorization to meet with suspects in custody decision.
Meeting with a lawyer
Meeting with a lawyer refers to the criminal procedure process, the lawyer in order to understand the suspect, the defendant is suspected of the crime and the case, listen to the suspect or the defendant's views on the charges and the reasons for the defense, so as to better provide legal assistance to the suspect, better for the suspect, the defendant's defense of a kind of activities. The lawyer meets with the suspect or defendant, is the lawyer for the suspect or defendant to provide legal assistance and defense must be an important work, is the lawyer to participate in criminal proceedings, the exercise of the right to defense of the important content. Lawyers meet with different departments based on the law, its meaning is not the same. The criminal procedure law stipulates that the purpose of a lawyer's meeting is to safeguard the procedural rights of criminal suspects and defendants, reflecting a legal system. The lawyers law lawyers meet as a right to stipulate, emphasizing the lawyers enjoy the right to meet with criminal suspects and defendants in accordance with the law.
Lawyer meeting refers to the criminal procedure process, the lawyer in order to understand the suspect, the defendant suspected of the crime and the case, listen to the suspect or defendant on the alleged crime and defense reasons, so as to better provide legal help for the suspect, better for the suspect, the defendant defense of a kind of activities. China's many sectoral laws, including the Criminal Procedure Law, Lawyers Law, the Supreme People's Court on the application of the Interpretation of the People's Procuratorate Criminal Procedure Rules, the public security organs for criminal cases procedural provisions, the Chinese people's *** and the State *** and the State Regulations on Detention Centers, Chinese people's *** and the State Regulations on the implementation of the Measures for the implementation of the Regulations on the Detention Centers are expressly provided for.
In different stages of criminal proceedings, the content of the right of lawyers to meet is not the same.
1. The content of lawyers exercising the right to meet during the investigation.
According to Article 39 of the Criminal Procedure Law and Article 40 of the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs, defense lawyers may meet and correspond with criminal suspects in custody, and learn from the suspects about the circumstances of the case; they may provide legal assistance to the suspects, and act on their behalf to lodge complaints and accusations. When meeting with a lawyer during an investigation, the lawyer has the right to learn from the suspect about the suspected crime, about the circumstances of the case, about the circumstances and duration of the coercive measures taken by the investigating authorities against him or her, and about whether or not the investigators have extorted confessions under torture or have collected evidence illegally by means of threat, enticement or deception. Lawyers through the meeting to understand the situation, can provide legal advice for the suspect; have the right to represent him or her to file a complaint, accusation; defense lawyers believe that should not be criminally prosecuted, can represent the complaint, requesting that the investigating authorities to withdraw the case; if you find that the investigators have violated the litigation rights of the citizens and the personal insults of the behavior, you can on behalf of the suspect to file a complaint; have the right on behalf of the application for bail pending trial;. The right to apply on behalf of the release or change of compulsory measures.
2, the people's procuratorate review and prosecution as well as the people's court hearing stage, the lawyer meets with the content.
Article 39 of the criminal procedure law and article 48 of the rules of criminal procedure of the people's procuratorate, defense lawyers from the day the case is transferred to the examination and prosecution, meet with the suspect or defendant in custody, can understand the relevant circumstances of the case, and to the suspect or defendant to verify the evidence. At the stage of review and prosecution, when a lawyer meets with a criminal suspect, he or she has the right to inquire about the facts of the case, and to listen to the suspect's statement and defense; the right to check the materials relating to the proof of the suspect's guilt, innocence, misdemeanor, or severity of the crime, and to ask the suspect whether there are any new witnesses, material evidence, and clues to the evidence; the right to learn about the circumstances of the case from the suspect, such as the period of detention, whether any confessions have been coerced by torture, and whether any property has been seized along with the case, Frozen property, etc. When necessary, the defense lawyer can apply for investigation and collection of evidence or collect evidence to prove that the suspect or defendant is "less guilty" or "not guilty" in accordance with the law. In accordance with the law to the people's procuratorate to put forward to prove that the suspect is not guilty, or mitigate or exempt from criminal responsibility of the defense opinion. Recommending to the People's Procuratorate that a decision not to prosecute be made based on the facts of the case. If the period of detention exceeds the legal time limit, the right to request the lifting or changing of coercive measures, and if the personnel handling the case have extorted confessions by torture and other illegal acts, the right to represent the accusation. After the case into the trial process, the lawyer meets with the defendant, the right to listen to the defendant's self-defense, and will lawyer's defense advice to inform the defendant; the right to ask the defendant to prove their innocence, less serious crimes, or reduce, exempt from criminal liability and evidence clues; the right to inform the trial procedures, the rights of the litigation. Lawyers according to understand the situation, to participate in criminal trial activities, according to law for the defendant for the "lesser" or "not guilty" defense, safeguard the defendant's legitimate rights and interests.
3, defense lawyers to meet with the suspects and defendants under residential surveillance, the foregoing provisions.