Review the rights of lawyers in the prosecution stage 1, and review the rights of lawyers in the prosecution stage. According to the Criminal Procedure Law, the Provisions of the Supreme People's Procuratorate on People's Procuratorates' Safeguarding Lawyers' Practice in Criminal Proceedings and other relevant laws and regulations, lawyers participate in criminal proceedings as defense lawyers from the date when the case is transferred for review and prosecution, and enjoy the following rights: 1) The right to meet; 2) the right to read papers; 3) the right to apply for evidence collection; 4) the right to investigate and collect evidence; 5) The right to give legal opinions and other rights. Among them, the right to interview, the right to read papers and the right to investigate and collect evidence are the three most important rights enjoyed by lawyers in the stage of examination and prosecution. 2. Legal basis
1) Article 36 of the Criminal Procedure Law of People's Republic of China (PRC), a defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and may meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, materials related to the case may be collected from them. 2) Provisions on Several Issues Concerning the Implementation of the Criminal Procedure Law (1998 65438+ 10/9)12 issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Law Commission of the National People's Congress Standing Committee (NPCSC). Article 96 of the Criminal Procedure Law stipulates that in the investigation stage, lawyers meet with prisoners. At the stage of examination, prosecution and trial, the case has been investigated, and the people's procuratorate and the people's court are not present when defense lawyers and other defenders meet with the criminal suspects and defendants in custody. 3) Opinions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Further Strictly Handling Cases according to Law to Ensure the Quality of Handling Death Penalty Cases No.2007117. 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; If a criminal suspect is in financial difficulties, he shall be informed that he can apply for legal aid from a legal aid institution. From the date of examination and prosecution, the defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of this case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. The people's procuratorate shall provide convenience for defenders to consult, extract and copy materials. 28. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect evidence from them to prove that criminal suspects and defendants are innocent or guilty of minor crimes, apply to the people's procuratorate or people's court for collecting and obtaining evidence, apply to the people's court for notifying witnesses to testify in court, or apply to the people's procuratorate or people's court for entrusting an appraisal institution to conduct supplementary appraisal or re-appraisal of disputed appraisal conclusions according to law. The people's procuratorate and the people's court shall give a timely reply to the defense lawyer's application. 4) Article 319 of the Rules of Criminal Procedure of the People's Procuratorate of the Supreme People's ProcuratorateNo. 1999. During the period of examination and prosecution, the people's procuratorate shall allow the entrusted defense lawyer to consult, extract and copy the litigation documents and technical appraisal materials in this case. Litigation documents include the decision to file a case, detention certificate, decision to approve arrest, decision to arrest, arrest warrant, search warrant, prosecution opinion and other procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for review and prosecution. Technical appraisal materials, including forensic appraisal, forensic psychiatric appraisal, material evidence technical appraisal and other documents that record the appraisal situation and appraisal conclusion, are formed by the appraisal of people, articles and other relevant evidence materials by qualified personnel. Article 322 When a defense lawyer or other entrusted defender consults, extracts and copies the litigation documents and technical appraisal materials in this case, he shall submit them to the court for examination.
When the procuratorial department submits a written application, the examination and prosecution department shall require the defense lawyer or other defender who applies to provide proof materials indicating his identity and litigation entrustment relationship. After accepting the application, the examination and prosecution department shall make arrangements; If it cannot be handled on the same day, the reasons shall be explained to the applicant, and the date for handling shall be determined within three days to inform the applicant. Consult, extract and copy the litigation documents and technical appraisal materials of this case shall be carried out in the archives. Article 323 Where a defense lawyer applies to the people's procuratorate to collect evidence from witnesses provided by the defendant or other relevant units or individuals, the people's procuratorate may collect evidence if it deems it necessary to investigate and collect evidence. When the people's procuratorate collects and obtains evidence according to the application of a defense lawyer, the applicant may be present. Article 324 Where a defense lawyer applies to the People's Procuratorate to collect materials related to the case from the victim or his close relatives or witnesses provided by the victim, the People's Procuratorate shall, within seven days after receiving the application, make a decision on whether to grant or not, and notify the applicant. 5) Provisions of the Supreme People's Procuratorate on People's Procuratorates' Safeguarding Lawyers' Practice in Criminal Proceedings (adopted at the16th meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on February 30, 2003) 7. During the examination and prosecution of the people's procuratorate, the defense lawyer may meet the criminal suspect with the power of attorney and the letter from the law firm. When the defense lawyer meets the criminal suspect, the people's procuratorate does not send personnel to be present. 1 1. When the people's procuratorate examines the case transferred for prosecution, the defense lawyer believes that if the people's procuratorate takes compulsory measures beyond the statutory time limit, it has the right to request the cancellation or change of compulsory measures. The people's procuratorate shall make a written decision within 7 days, and the public prosecution department shall give a written reply to the defense lawyer. 14. As agents ad litem, defense lawyers and lawyers entrusted by victims and their legal representatives or close relatives can consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes. 15. If a lawyer requests to consult, extract and copy the litigation documents and technical appraisal materials in this case, the public prosecution department shall arrange it after accepting it; If it cannot be handled on the same day, it shall explain the reasons to the lawyer, set the date within 3 days and notify the lawyer in time. 16. During and after the prosecution by the people's procuratorate, if the defense lawyer thinks that the criminal suspect is innocent, the crime is light, the punishment is mitigated or exempted, the public prosecution department of the people's procuratorate shall accept and review it. 17. if a defense lawyer applies to the people's procuratorate for collecting and obtaining evidence from witnesses provided by criminal suspects or other relevant units and individuals, which affects the determination of the facts of the case and the applicable law, the people's procuratorate shall collect and obtain evidence according to law and make a transcript attached. 18. if a defense lawyer applies to the people's procuratorate for obtaining the materials related to the case provided by the victim or his close relatives or witnesses, the people's procuratorate shall solicit the opinions of the victim or his close relatives or witnesses provided by the victim, and after examination, make a decision on whether to grant or not within 7 days, and notify the applicant. If the people's procuratorate refuses to grant permission, it shall explain the reasons in writing.
Luoyang criminal lawyer Luoyang criminal defense lawyer Yuan Chaoyang Tel [1* * * * * * *], QQ383594845.