Article 34 A lawyer who acts as a defender has the right to consult, extract and copy the case file from the date when the people's procuratorate examines and prosecutes the case.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals. Article 34 The facts of a case that need to be investigated include:
Basic information of the illegal suspect;
(2) Whether there is any illegal act;
(3) Whether the illegal act is committed by an illegal suspect;
(four) the time, place, means and consequences of the illegal act;
(five) the criminal suspect can not be given a heavier, lighter, mitigated or not punished;
(6) Other facts related to this case.
Thirty-fifth public security organs in the investigation and evidence collection, the people's police shall not be less than two people, and shall show the identity of law enforcement to the person under investigation.
Article 36 The people's police shall conduct safety inspection on the illegal suspects or the scene seized, and immediately detain dangerous articles such as controlled knives, weapons and inflammable and explosive articles. The security check does not need to check the certificate.
Article 37 If an illegal suspect is in danger to himself or threatens the personal, property or public safety of others after being drunk, he can take protective measures to restrain him until he is sober, or he can notify his subordinate unit or family members to take him back to custody. Drunk people whose behavior is out of control can be restrained by restraint belts or police ropes, but police equipment such as handcuffs and shackles are not allowed.
In the process of restraint, we should pay attention to guardianship. After confirming that the drunken man is sober, he should immediately lift the constraint and ask questions. Constraint time is not included in the query and verification time.
Section 2 Acceptance of Cases
Thirty-eighth public security organs shall promptly accept, register and deal with cases of reporting, accusing, reporting, reporting by the masses or transferring criminal suspects, as well as cases transferred by other administrative departments and judicial organs:
(a) the matters within the jurisdiction of the unit shall be investigated and dealt with in a timely manner;
(two) under the jurisdiction of the public security organ, but not under the jurisdiction of the unit, it shall be transferred to the unit with jurisdiction within twenty-four hours after accepting it, and inform the informant;
(3) Informing the parties concerned to report or surrender to other relevant competent authorities on matters that do not fall within the scope of duties of the public security organs.
Illegal acts found by public security organs and their people's police in their daily law enforcement duties shall be dealt with separately according to the situations listed in the preceding paragraph.
Article 39 If a case that falls within the scope of duties of a public security organ but is not under the jurisdiction of this unit is under any of the following circumstances, the public security organ that accepts or discovers the case and its people's police shall take necessary compulsory measures or other disposal measures in advance according to law, and then transfer it to a unit with jurisdiction for handling:
(a) The suspect is committing harmful acts;
(2) The criminal suspect is absconding;
(three) there are casualties and need to take immediate treatment measures;
(4) The criminal suspect has been arrested or found;
(five) the interests of the state, the collective or the citizens have suffered great damage;
(six) other circumstances in which emergency measures should be taken.
If an administrative case is transferred to jurisdiction, the time for inquiry and verification and the time limit for measures such as seizure shall be recalculated.
Fortieth informants do not want to disclose their names and reports, the public security organs should indicate when accepting the case, and keep it confidential.
Article 41 The public security organ shall register the relevant evidential materials and articles provided by informants and keep them properly. When transferring a case, relevant evidential materials and articles shall be handed over together.