The Criminal Procedure Law and related judicial interpretations, especially a series of provisions issued after the revision of the Criminal Procedure Law, provide sufficient theoretical basis for lawyers to carry out out out-of-court defense work. For example, the system of pre-trial meeting, the system of public prosecutor listening to the opinions of defense lawyers, the system of criminal reconciliation, the system of excluding illegal evidence and so on.
Among them, expressing opinions to the investigation and supervision department of the procuratorate is a new space brought to lawyers by the relevant provisions of the new criminal procedure law on pre-trial defense, and it is also a new business growth point, which needs to be highly valued by everyone. The right of arrest has a unique function and structure in our country, and it is the exclusive right of procuratorial organs. In practice, as long as the arrest is approved, most cases will be convicted and even sentenced to fixed-term imprisonment. Judging from the internal assessment mechanism of the procuratorate, it is a wrong case for the prosecutor to approve the arrest without prosecution or acquittal, so in practice, the procuratorate is very cautious about whether it can approve the arrest. Combined with the work of lawyers, what we have to do is to communicate with the investigation and supervision department, put forward justified reasons and persuade the prosecutor to make a decision not to approve the arrest. Because once arrested, the lawyer's defense space in the review, prosecution and trial stage is even smaller; Instead of arrest, it can leave more defense space for lawyers.