Article 19 In the investigation stage, after the public security organs, people's procuratorates and other statutory organs conducting investigations (hereinafter referred to as the investigation organs) interrogate the criminal suspect for the first time or take compulsory measures, the law firm may accept the employment of the criminal suspect or his relatives or other persons entrusted by the criminal suspect, and appoint lawyers to provide legal advice to the criminal suspect and act as agents to accuse and expose him. If a criminal suspect is detained, he may apply for bail pending trial.
Law firms shall handle the entrustment procedures of criminal suspects or their relatives and friends with reference to Article 13 of this Code.
Section 2 Contact with Investigation Organs
Article 20 After accepting the entrustment, the lawyer in charge shall get in touch with the investigation organ in time, submit the power of attorney, the letter of introduction from the law firm, and present the lawyer's practice certificate.
Article 21 A lawyer shall know the alleged charges of a criminal suspect from the investigation organ and put forward specific requirements for meeting the criminal suspect in time.
Section 3 Meeting with Criminal Suspects
Article 22 A lawyer may meet a criminal suspect who has not been detained at his residence, unit or law firm. No one else should attend the meeting.
If the criminal suspect is a minor, blind, deaf or dumb, his legal representative or close relatives shall be present.
Article 23 A lawyer does not need approval to meet a criminal suspect who is under residential surveillance.
Twenty-fourth for cases that do not involve state secrets, lawyers do not need approval to meet with criminal suspects in custody. Lawyers have the right to ask the investigation organ to arrange a meeting within 48 hours in accordance with the provisions of the six central departments. The investigation organ may send personnel to the scene according to the circumstances and needs. If the investigation organ fails to arrange a meeting according to law, the lawyer has the right to report to the relevant departments and ask for correction.
Article 25 When a lawyer meets a criminal suspect in custody in a case involving state secrets, he shall submit a written application to the investigation organ and obtain approval. If the investigation organ does not approve the interview, the lawyer may ask him to issue a written decision. If it is not a case or the nature of the case itself involves state secrets, the lawyer may file a reconsideration or report to the relevant department.
Article 26 When meeting a criminal suspect in custody, a lawyer shall carry the following documents:
(a) a special letter of introduction issued by the law firm to meet the criminal suspect;
(2) the lawyer's own lawyer's practice certificate;
(3) Power of attorney signed by the client.
Article 27 When a lawyer meets a criminal suspect in custody, he shall ask whether he agrees to hire the lawyer. If you agree, you should ask him to sign the power of attorney. If you don't agree, you should record it and sign it.
Article 28 When meeting a criminal suspect, a lawyer may ask him about the case, including the following contents:
(a) the natural situation of the criminal suspect;
(two) whether and how to participate in the suspected case;
(3) If guilty, state the main facts and circumstances related to conviction and sentencing;
(four) if you think you are innocent, state the plea of innocence;
(5) Whether the legal procedures for compulsory measures are complete and legal;
(six) whether their personal rights and litigation rights have been violated after taking compulsory measures;
(seven) other information that needs to be known.
Article 29 When meeting a criminal suspect, a lawyer shall abide by the relevant provisions of the detention place according to law, and shall not deliver articles or letters to the criminal suspect, lend the criminal suspect communication tools or engage in other illegal activities.
Thirtieth after the meeting, the lawyer shall go through the formalities of handing over the criminal suspect to the detention place.
Article 31 When a lawyer meets with a criminal suspect, he shall make an interview record and submit it to the criminal suspect for reading or reading. If there are omissions or errors in the records, the criminal suspect shall be allowed to supplement or correct them. After confirmation, the suspect is required to sign the record.
When a lawyer meets a criminal suspect, he can record, video and take photos. But the consent of the criminal suspect should be obtained in advance.
If the investigation organ sends personnel to attend the meeting, it shall indicate it in the record.
Article 32 A lawyer may, according to the circumstances and needs of the case, decide the time and frequency of meeting with the criminal suspect in custody, and request the investigation organ to make arrangements. Lawyers are not subject to illegal interference when meeting criminal suspects.
Section 4 Providing Legal Advice to Criminal Suspects
Article 33 When meeting a criminal suspect, a lawyer may provide him with legal advice, including the following contents:
(a) the legal provisions on the conditions, duration and application procedures of compulsory measures;
(two) the legal provisions for the withdrawal of investigators, prosecutors and judges;
(3) A criminal suspect has the obligation to truthfully answer questions raised by investigators and has the right to refuse to answer questions irrelevant to the case;
(4) A criminal suspect has the right to request to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct;
(5) The criminal suspect has the right to request the investigation organ to inform him of the expert conclusion used as evidence, and to apply for supplementary expert evaluation or re-expert evaluation;
(6) The right of defense enjoyed by the criminal suspect;
(7) The right of appeal and accusation enjoyed by criminal suspects;
(eight) the relevant provisions of the criminal law on the charges suspected by the criminal suspect;
(nine) the criminal law on surrender, meritorious service and related provisions;
(10) Legal provisions on the investigation and jurisdiction of criminal cases;
(eleven) other relevant legal issues.
The fifth section applies bail to criminal suspects pending trial.
Article 34 A lawyer may apply for bail pending trial for the detained criminal suspect on his own initiative if he finds that the following conditions are met after learning from the investigation organ about the charges charged by the criminal suspect and meeting with the criminal suspect:
(1) The circumstances involved by the criminal suspect conform to the provisions of Article 51 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(4) The detention or arrest measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
(5) Other conditions stipulated by law for obtaining bail pending trial.
Article 35 A criminal suspect in custody, his legal representative and his near relatives require a lawyer to apply for bail for the criminal suspect pending trial. If the lawyer in charge thinks that he meets the conditions for obtaining a bail pending trial, he may apply for obtaining a bail pending trial for him, or assist him to apply directly to the investigation organ for obtaining a bail pending trial.
Article 36 When a lawyer applies for obtaining a guarantor pending trial, he shall submit an application for obtaining a guarantor pending trial to the relevant authorities. The application shall specify the name of the law firm, the name of the lawyer, the mailing address and contact information, the facts and reasons for the application, and the guarantee method. A lawyer may not act as a guarantor for a criminal suspect.
Article 37 After applying for bail pending trial for a detained criminal suspect, a lawyer may request the investigation organ to give a reply of approval or disapproval within seven days. For those who do not agree to obtain bail pending trial, lawyers have the right to ask them to explain the reasons for their disagreement, and may file a reconsideration or report to the relevant departments.
Section 6 Acting Complaints and Accusations
Article 38 A lawyer may, on the basis of the charges accused by a criminal suspect and the case information learned from the investigation organ, accept the entrustment of the criminal suspect and lodge a complaint with the relevant organ on his behalf, requesting correction.
Article 39 According to the case information and other relevant evidential materials obtained from the criminal suspect, a lawyer may accept the entrustment of the criminal suspect and lodge a complaint with the relevant department on his behalf if he believes that the investigators have violated the legal provisions in handling the case and infringed the personal rights, litigation rights or other legitimate rights and interests of the criminal suspect, or that the investigation organ has improper jurisdiction.