When will the lawyer's opinion be issued during the review and prosecution stage?

In the stage of examination and prosecution, the procuratorate will decide whether it is necessary to prosecute the suspect and on what charges according to the investigation results and materials of the public security organs. At this stage, lawyers can express their opinions on whether the criminal suspect does not constitute a crime and should not be prosecuted, or whether the crime is minor and should be prosecuted, so as to provide reference for the procuratorial organs in the review process and safeguard the legitimate rights and interests of the criminal suspect.

legal ground

Article 8 of the Code for Supplementary Investigation on the Return of Public Prosecution Cases

(1) If, during the examination and prosecution, it is found that the criminal suspect cannot appear in court, the people's procuratorate may suggest that the public security organ withdraw the transfer of the criminal suspect for prosecution, and the public security organ shall give a reply within five days after receiving the suggestion. (2) During the supplementary investigation, if it is found that the criminal suspect is not in the case, the public security organ may withdraw the transfer for prosecution in writing or refuse to transfer for examination and prosecution during repeated investigation, and take measures to ensure that the criminal suspect in the same criminal case is examined and prosecuted according to law. After the suspect arrives at the case, he will be transferred for review and prosecution. After the public security organ withdraws the transfer, it shall continue to take measures to ensure that the criminal suspect is present. After the criminal suspect arrives at the case, he will make a new prosecution opinion and then transfer it for review and prosecution. If the investigation department considers it necessary to withdraw the prosecution, it shall be examined by the legal department.