Article 96 of the Criminal Law A criminal suspect may hire a lawyer to provide him with legal advice, represent him in complaints and accusations after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ.
Extended data:
Meeting with lawyers refers to an activity in which lawyers listen to the opinions and excuses of criminal suspects or defendants on alleged crimes and related cases in order to better provide legal help to criminal suspects and better defend them.
Meeting with criminal suspects and defendants is an important task for lawyers to provide legal help and defense for criminal suspects and defendants, and it is also an important content for lawyers to participate in criminal proceedings and exercise their right to defense. Lawyers' associations are based on different departmental laws and regulations, and their meanings are different.
The criminal procedure law stipulates that the purpose of lawyer meeting is to protect the litigation rights of criminal suspects and defendants, which embodies a legal system. The Lawyers Law stipulates that lawyers' meeting is a right, and emphasizes lawyers' right to meet criminal suspects and defendants according to law.
At different stages of criminal proceedings, the content of lawyer's right to meet is different.
1. The content of the lawyer's right to meet at the investigation stage.
According to Article 37 of the Criminal Procedure Law and Article 40 of the Procedures for Handling Criminal Cases by Public Security Organs, defense lawyers can meet and correspond with criminal suspects in custody to learn about the case. Providing legal aid and acting as an agent for complaints and accusations against criminal suspects.
When meeting during the investigation, lawyers have the right to know the suspected charges, relevant cases, the situation and time limit of compulsory measures taken by the investigation organ, and whether the investigators have extorted confessions by torture or illegally collected evidence by threats, enticements or deception.
Lawyers can provide legal advice to criminal suspects through the information learned during the meeting; Have the right to lodge complaints and charges on their behalf; If the defense lawyer thinks that criminal investigation should not be carried out, he may appeal on his behalf and request the investigation organ to dismiss the case; If investigators are found to have violated citizens' litigation rights and personal insults, they can file charges on behalf of criminal suspects; Have the right to apply for bail pending trial; Have the right to apply for cancellation or change of compulsory measures on their behalf.
2, the people's Procuratorate review and prosecution and the people's court hearing stage, the lawyer met with the content.
Article 37 of the Criminal Procedure Law and Article 48 of the Criminal Procedure Rules of the People's Procuratorate stipulate that, from the date when the case is transferred for examination and prosecution, the defense lawyer may meet with the criminal suspect or defendant in custody, learn about the case from the criminal suspect or defendant and verify relevant evidence.
In the stage of examination and prosecution, lawyers have the right to ask the facts of the case and listen to the statements and excuses of the criminal suspect when meeting with the criminal suspect; Have the right to consult the materials that prove the criminal suspect's guilt, innocence and seriousness, and ask whether the criminal suspect has new witnesses, physical evidence and evidence clues; Have the right to ask the criminal suspect about the case, such as the detention period, whether he was tortured to extract a confession, whether he was detained or frozen with the case, etc.
When necessary, defense lawyers may apply for investigation and evidence collection or collect evidence to prove that criminal suspects and defendants are "lighter" or "innocent" according to law. Put forward defense opinions to the people's procuratorate to prove that the criminal suspect is innocent, the crime is light or his criminal responsibility is reduced or exempted according to law. According to the facts of the case, it is suggested that the people's procuratorate make a decision not to prosecute. If the detention period exceeds the statutory time limit, they have the right to demand the cancellation or change of compulsory measures, and if the case-handling personnel commit illegal acts such as extorting confessions by torture, they have the right to prosecute on their behalf.
After the case enters the trial procedure, when the lawyer meets the defendant, he has the right to listen to the defendant's defense opinions and inform the defendant of his defense opinions; Have the right to ask whether the defendant has evidence or clues to prove his innocence, light crime or reduced or exempted from criminal responsibility; Have the right to inform them of the trial procedure and litigation rights. Lawyers participate in criminal trial activities according to their own knowledge, defend the defendant's "light crime" or "innocence" according to law, and safeguard the defendant's legitimate rights and interests.
3. The above provisions shall apply to defense lawyers meeting with criminal suspects and defendants living under surveillance.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law