After the public security organ completes the investigation and transfers it to the procuratorate for examination and prosecution, it enters the stage of examination and prosecution. After the procuratorate approves the arrest, the public security organ still has two months to investigate (the investigation period can be extended if the case is difficult and complicated). Therefore, when the procuratorate approves the arrest, it still belongs to the investigation stage.
According to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), 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 compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 40 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that defense lawyers may consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Extended data:
After accepting the entrustment of the criminal suspect himself or his relatives, a lawyer may exercise four litigation rights:
1. Ask the investigators of the investigation organ about the charges charged by the criminal suspect.
2. Put forward the Application for Meeting with the Criminal Suspect in Custody, and meet with the criminal suspect in custody according to the arrangement of the investigation organ (the case-handling organ shall make a decision within 48 hours, and the major and complicated case shall make a decision within 5 days). Lawyers have the right to know the relevant information when meeting with criminal suspects.
This right is clearly stipulated in Article 96, paragraph 2, of the Criminal Procedure Law and Article 28 of the Code for Lawyers Handling Criminal Cases. In addition, lawyers can also learn about the criminal suspect's compulsory measures and the exercise of litigation rights;
3, solicit the opinions of the criminal suspect, decide whether to put forward the complaint opinions and complaint materials to the relevant authorities on his behalf.
4. When a qualified criminal suspect applies to the investigation organ for bail pending trial, or when the criminal suspect is subjected to compulsory measures beyond the statutory time limit, the relevant authorities shall give a reply within seven days.
Criminal cases generally go through three stages, that is, the investigation stage, that is, the public security organs are responsible for reviewing and prosecuting, and the case is in the people's procuratorate and the final stage, that is, in the people's court. In the investigation stage, after the public security organ reported to the procuratorate for approval of the arrest, the public security organ continued the criminal investigation. The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months.
If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. The public security organ shall transfer the prosecution opinions together with case files and evidence to the people's procuratorate at the same level for examination and prosecution, that is, the case will enter the stage of examination and prosecution.
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that 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.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law