Lawyers' participation in criminal cases can be divided into three stages: the investigation stage, the review and prosecution stage, and the court trial stage. The work content, focus, methods and roles played by lawyers in these three stages are different. 1. The role of lawyers in the investigation stage. The investigation stage is the first interrogation of a criminal suspect by the public security organ, the People's Procuratorate and other legal authorities or the date when compulsory measures are taken. Lawyers may accept the entrustment of the criminal suspect or his relatives, or Accept the employment of others entrusted by criminal suspects to provide legal consultation for criminal suspects. If criminal suspects are tortured to extract confessions or detained, they have the right to represent them in appeals and accusations. If a criminal suspect is detained, he can apply for release on bail pending trial. After accepting the entrustment, the lawyer contacts the investigative agency, learns from the investigative agency about the suspect's alleged crimes, and promptly makes specific requests to meet with the criminal suspect. 2. When meeting with a criminal suspect, the lawyer can learn about the case from the criminal suspect. 3. When meeting with a criminal suspect, the lawyer shall provide legal advice to the criminal suspect, including the following: (1) Legal provisions on the conditions, duration and application procedures of compulsory measures; (2) Regarding the avoidance of investigators, prosecutors and judges legal provisions; (3) Criminal suspects have the obligation to answer investigators’ questions in a timely manner and have the right to refuse to answer questions that are irrelevant to the case; (4) Criminal suspects have the right to request that they write a confession and the right to respond to questions raised by investigators Check, supplement, correct or refuse to answer. (4) Suspects have the right to request that they write their own confessions, the right to check, supplement, correct and provide additional explanations to the interrogation transcripts produced by investigators, and are obliged to sign or seal after confirming that the transcripts are correct; (5) Criminal suspects Have the right to know the identification conclusions used by the investigative agencies as evidence, and have the right to apply for supplementary identification or re-identification; (6) Criminal suspects have the right to defend; (7) Criminal suspects have the right to accuse and be elected; (8) The criminal law has the right to Relevant provisions of the criminal suspect's suspected crime; (9) Criminal Law provisions on surrender, meritorious service, etc.; (10) Law provisions on the jurisdiction of criminal case investigation; 4. Lawyers who apply for bail pending trial for criminal suspects learn about the suspects from the investigative agencies After identifying the suspected crime and meeting with the criminal suspect, if it is believed that the criminal suspect in custody meets the conditions for release on bail pending trial, the criminal suspect may apply for release on bail pending trial. (1) The criminal suspect’s case complies with the provisions of Article 51 of the Criminal Procedure Law; (2) The criminal suspect suffers from a serious disease; (3) The criminal suspect is pregnant or breastfeeding his own baby; (4) The criminal suspect is pregnant or breastfeeding his own baby; ) The investigation agency detained or arrested the criminal suspect beyond the statutory time limit; (5) After learning from the investigation agency about the alleged crimes of the criminal suspect and meeting with the criminal suspect, the attorney for the complaint believes that the detained criminal suspect is eligible for bail. If the conditions for awaiting trial are met, the criminal suspect may apply for bail pending trial; 5. Based on the criminal suspect's crime situation and the criminal suspect's understanding of the case, if the lawyer believes that there is a solid basis, he may accept the criminal suspect's entrustment and file a complaint with the relevant agency on his behalf to request correction. 2. If a criminal case in which the criminal suspect serves as a defender or agent ad litem during the review and prosecution stage is transferred by the investigation agency to the People's Procuratorate for review and prosecution, the lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends to serve as a defender. 1. The defense lawyer has the right to inspect, excerpt, and copy the litigation documents and technical appraisal materials of this case. 2. Defense lawyers have the right to meet with criminal suspects and to communicate with criminal suspects. 3. Lawyers have the right to investigate and collect materials related to the case. Have the right to investigate and collect materials related to the case. 4. Lawyers who serve as defenders or litigation agents have the right to submit requests to the People's Procuratorate for defense and agency cases in accordance with Article 139 of the Criminal Procedure Law. 5. If a criminal suspect fails to return to the case within the time limit during the review and prosecution stage, the defense lawyer has the right to request that the criminal suspect be released in accordance with the law or that the compulsory measures be changed and the criminal suspect be released on bail pending trial. 6. If the People's Procuratorate makes a decision not to prosecute and the person not prosecuted refuses to accept it, the defense lawyer may file a complaint with the People's Procuratorate on behalf of the person not to prosecute after receiving the decision not to prosecute. If the victim is dissatisfied after the People's Procuratorate makes a decision not to prosecute, the attorney may appeal to the higher-level People's Procuratorate within seven days from the date the victim receives the decision not to prosecute.
After the appeal is dismissed, the lawyer can represent the victim and file a lawsuit with the People's Court, or he can file a lawsuit directly with the People's Court without filing a complaint. 3. Serving as the first-instance defender of a public prosecution case After the People's Procuratorate files a public prosecution case with the People's Court, a lawyer may accept the entrustment of the defendant or his relatives and friends to serve as the defendant's defender. 1. After accepting the entrustment, the lawyer must review whether the case falls under the jurisdiction of the court receiving the lawsuit. If it is found that the court has improper jurisdiction, the lawyer has the right to submit a written request to the court to withdraw the lawsuit or transfer the case. 2. Lawyers have the right to inspect, excerpt, and copy case materials of the People's Court. When a lawyer reviews case materials and finds that the procuratorate lacks materials that should be transferred according to law, he has the right to apply to the people's court to notify the procuratorate to make supplementary transfers. 3. Lawyers have the right to meet with the defendant, listen to the defendant’s statement and defense, verify the facts and evidence of the case, and learn whether the defendant has been detained for an extended period and whether his legitimate rights and interests have been damaged. The lawyer shall introduce the court proceedings to the defendant, inform the defendant of the litigation rights and litigation obligations he shall bear during the trial, as well as matters that should be paid attention to. Lawyers should appear in court in accordance with the law, participate in court investigations and court debates, and safeguard the legitimate rights and interests of the defendant. 6 After the first-instance judgment, the lawyer has the right to obtain a copy of the judgment. During the appeal, the lawyer can meet with the defendant, listen to the defendant's opinions on the content of the judgment and whether to appeal, and provide legal assistance.