When a lawyer meets a criminal suspect in custody, if it is a case involving state secrets, it shall be approved by the investigation organ. In cases that do not involve state secrets, lawyers do not need approval to meet criminal suspects. A case involving state secrets refers to the fact or nature of the case involving state secrets, rather than the need for confidentiality in the investigation of criminal cases. In other words, the objective situation of the case itself and the relevant contents of the crime involve state secrets. Such as cases in which criminal suspects illegally obtain state secrets by stealing, spying or buying, and cases in which state employees violate the provisions of the law on guarding state secrets and disclose state secrets. And the specific circumstances of some cases may involve state secrets. For example, the suspect was taken compulsory measures because he was suspected of espionage. Because such crimes are crimes that seriously endanger national security, specific cases may involve state secrets, so they belong to cases involving state secrets.
In the process of criminal investigation, criminal investigation means can be used. These means and the materials and documents formed by them need to be kept confidential in handling cases, but in the process of investigation, the relevant materials and handling opinions need to be kept confidential, which does not belong to cases involving state secrets. If a lawyer proposes to meet the criminal suspect, he shall arrange a meeting within 48 hours. For the crime of organizing, leading or participating in underworld organizations, the crime of organizing, leading or participating in terrorist activities, or major and complicated cases such as smuggling crimes, drug crimes, corruption and bribery involving more than two people, if the lawyer proposes to meet with the criminal suspect, he shall arrange a meeting within 5 days.
Second, the relevant provisions of the Criminal Procedure Law on the investigation stage.
Article 115 A public security organ shall investigate a criminal case that has been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, whether the crime is minor or serious. An active criminal or a major suspect may be detained in advance according to law, and a criminal suspect who meets the conditions for arrest shall be arrested according to law.
Article 116 After investigation, the public security organ shall conduct a preliminary examination of cases with evidence to prove criminal facts, and verify the evidence materials collected and collected.
Article 117 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:
(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;
(2) The bail bond that should be returned has not been returned;
(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;
(four) the seizure, seizure and freezing should be lifted;
(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.
The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.
Three, in the case investigation stage, whether any individual or organization has no right to consult the case file?
Yes, the evidence obtained by the public security organs in the investigation stage is still secret, and no individual or organization has the right to consult it, and no case file has been formed in the investigation stage. Only the procuratorate, as the national legal supervision organ, can supervise whether the investigation behavior of public security organs is illegal or not, and can consult relevant case materials according to law. Only in the stage of examination and prosecution can the defender consult the case.
Article 3 The public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.