During the investigation of the case, only lawyers can be entrusted as defenders.
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests.
The investigation stage generally means that the investigation organ begins to investigate, and the case investigation ends and is transferred to the procuratorate for review and prosecution. Criminal suspects are often detained in detention centers during the investigation stage, and no one, including family members, is allowed to meet with them except lawyers and case handlers.
What rights do lawyers have in the investigation stage?
In the investigation stage, lawyers, as defenders of criminal suspects, enjoy the following rights:
1, can understand the case and the main facts that have been identified at that time;
2. Except for special cases, the parties to other cases have the right to meet and communicate without the approval of the public security organ;
3. Meeting with the parties is no longer monitored, and public security personnel may not accompany them;
4. Have the right to ask and collect evidence on their own, and have the right to apply for witnesses to testify in court;
5. Lawyers have the right to express their opinions on whether they should be arrested at the investigation stage;
6. In the investigation stage, lawyers have the right to ask the public security organs to change or lift compulsory measures.
To sum up, according to the relevant laws and regulations, the criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 38
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 put forward opinions.
Article 39
Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.