In the investigation stage, the criminal suspect can hire a lawyer by himself or by his relatives. A criminal suspect has the right to hire a lawyer to provide legal aid at the investigation stage. In criminal proceedings, the parties often do not know or understand the nature of the crime, the possible punishment and the rights and obligations of the parties in criminal proceedings; For the illegal acts and grievances of a small number of case-handling personnel in judicial organs, due to compulsory measures, they may not be able to fully exercise their rights of appeal and accusation, which is not conducive to effectively safeguarding their litigation rights. Moreover, lawyers have an independent legal status in criminal proceedings, enjoy certain independent litigation rights, and play an important role in safeguarding the legitimate rights and interests of the parties and ensuring the correct handling of cases. Therefore, criminal suspects can hire lawyers as defenders from the time when the people's procuratorate examines and prosecutes the case. In addition to hiring defenders, criminal suspects can also hire lawyers to provide legal aid in the investigation stage. If the investigation organ believes that there are criminal facts that need to be investigated for criminal responsibility according to the facts it has, it shall decide to file a case. After a criminal case is put on file, the criminal suspect may hire a lawyer to provide legal assistance after the first interrogation by the investigation organ or the day when compulsory measures are taken. In order to fully protect this right of criminal suspects, investigators should inform criminal suspects that they have the right to entrust lawyers during interrogation. However, it should be pointed out that if a criminal suspect hires a lawyer in a case involving state secrets, it should be approved by the investigation organ. In practice, there have always been two understandings about which cases involve state secrets: one holds that a case involving state secrets refers to the fact or nature of the case involving state secrets, rather than the need for confidentiality in criminal case investigation; Another view is that a case involving state secrets should include all materials and handling opinions related to the case before the investigation of the criminal case is completed. Based on different understandings, some judicial organs interpret most cases as cases involving state secrets on the grounds that matters in the investigation process need to be kept confidential, thus refusing criminal suspects to hire lawyers; Some investigation organs also believe that the * * * case is also a case involving state secrets because it involves many people; Others regard the position of the criminal suspect as the standard to measure whether it belongs to a case involving state secrets, which seriously hinders the criminal suspect from exercising his legal litigation rights. So, which cases belong to cases involving state secrets? A case involving state secrets means that the case or the nature of the case involves state secrets, that is, the objective situation of the case itself and the relevant contents involved in the crime involve state secrets. For example, criminal suspects illegally obtain state secrets by means of stealing, spying, buying, etc., and state employees disclose state secrets in violation of the provisions of the Law on Guarding State Secrets. Some cases may involve state secrets. For example, the suspect was taken compulsory measures for alleged espionage. Because this kind of crime is a crime that seriously endangers national security, specific cases may involve state secrets, so it belongs to cases involving state secrets. In the process of criminal investigation, it is inevitable to use various criminal investigation means frequently, and these means and the materials and documents formed from them need to be kept confidential in the process of handling cases. However, because the relevant materials and handling opinions in the process of criminal case investigation need to be kept confidential, it cannot be considered as a case involving state secrets, let alone refuse the criminal suspect to hire a lawyer. In practice, it should also be noted that not all cases involving state secrets are not allowed to hire lawyers, but criminal suspects are not allowed to hire lawyers in cases involving state secrets with the approval of the investigation organ according to the specific circumstances of the case. In the investigation stage, the criminal suspect can hire a lawyer by himself or by his relatives. If a relative hires on his behalf, the investigation organ shall allow him to make timely arrangements, and shall not refuse to meet on the grounds that he has not been entrusted by the criminal suspect himself. If a criminal suspect detained in a detention center proposes to hire a lawyer, the detention center shall promptly convey it to the relevant investigation organ handling the case. After receiving the notice, the investigation organ shall, according to the wishes of the criminal suspect and his specific requirements, timely convey the request to the person entrusted by him or his law firm. If the suspect only asks to hire a lawyer without mentioning the specific object, the investigation organ cannot ignore it, but should promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
Legal objectivity:
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 takes compulsory measures; 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.