First, the procedure of marking papers for lawyers' meetings was revised and improved.
The revision of the new Criminal Procedure Law has fully absorbed the relevant provisions of the Lawyers Law, improved the provisions for defense lawyers to meet criminal suspects and defendants in custody, and strengthened the guarantee for lawyers to perform their duties according to law.
Article 96 of the current Criminal Procedure Law stipulates that in the investigation stage, for cases involving state secrets, with the approval of the investigation organ, the criminal suspect needs to hire lawyers and lawyers to meet with the criminal suspect in custody. The revised Lawyers Law has made different provisions, stipulating that lawyers have the right to meet criminal suspects and defendants with their lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter. Lawyers are not monitored when they meet criminal suspects and defendants. The new Criminal Procedure Law has absorbed the relevant contents of the Lawyers Law, stipulating that in cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects in custody during investigation. This solves the problem of the connection between the criminal procedure law and the lawyer law, ensures the unity of law and justice, and also solves the practical problems in the investigation work.
Article 36 of the current Criminal Procedure Law stipulates that defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials in this case at the stage of examination and prosecution, and can consult, extract and copy the criminal facts accused in this case at the stage of trial. The revised lawyer law expands the scope of defense lawyers' marking in the stage of examination and prosecution. The new Criminal Procedure Law has absorbed the relevant contents of the Lawyers Law, stipulating that defense lawyers can consult, extract and copy the materials of criminal facts accused in this case during the stages of examination, prosecution and trial.
Second, the litigation rights of criminal suspects in the investigation stage are effectively guaranteed.
The defense system is an important system to ensure that criminal suspects and defendants exercise their right of defense in criminal proceedings according to law. The new Criminal Procedure Law focuses on improving the legal status and role of defenders in criminal proceedings.
Articles 33 and 96 of the current Criminal Procedure Law stipulate that criminal suspects and defendants may entrust defenders in the stages of examination, prosecution and trial, and only lawyers can be hired to provide legal aid in the investigation stage. Considering that criminal suspects and defendants enjoy the right to defense in the whole process of litigation, the new criminal procedure law adds provisions that criminal suspects have the right to entrust defenders from the day when they are interrogated for the first time by the investigation organ or take compulsory measures. During the investigation, only lawyers can be entrusted as defenders. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender.
At the same time, a provision is added: "defense lawyers can provide legal aid to criminal suspects during investigation;" Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect and express their opinions. "
This revision further clarifies the legal status of lawyers in the investigation stage, which is conducive to better playing the role of lawyers.