Article 34 In handling cases, the people's procuratorate shall ensure that criminal suspects exercise their right to defense according to law.
Article 35 Where a defender or agent ad litem submits a relevant application, request or relevant written materials to the people's procuratorate, the case management department shall receive and timely transmit it to or coordinate with the relevant case handling department, and the specific business shall be handled by the case handling department, except as otherwise provided in these Rules.
Article 36 When the investigation department of a people's procuratorate interrogates a criminal suspect for the first time or takes compulsory measures against him, it shall inform the criminal suspect 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, and inform him that if he fails to hire a defender due to economic difficulties or other reasons, he may apply for legal aid. In the circumstances stipulated in Article 34 of the Criminal Procedure Law, the criminal suspect shall be informed of his right to legal aid.
The notice can be oral or written. The oral notice shall be recorded in the record and signed by the notified person; If written notice is given, the service receipt shall be entered into the volume.
Article 37 The people's procuratorate directly accepts the investigation case, examines the arrest case and examines the prosecution case. If the criminal suspect whose residence is under surveillance at the designated residence requests to entrust a defender, the investigation department, the investigation and supervision department and the public prosecution department shall promptly convey it to his guardian, close relatives or the personnel designated by him, and put it on record.
Article 38 During the investigation, a criminal suspect can only entrust a lawyer as a defender. During the period of examination and prosecution, a criminal suspect may entrust a lawyer as a defender, or a person recommended by a people's organization or unit, a guardian, relatives and friends as a defender. However, the following persons shall not be entrusted as defenders:
(1) People's courts, people's procuratorates, public security organs, state security organs and prison staff;
(2) People's jurors;
(3) Foreigners or stateless persons;
(4) People who have an interest in the case;
(5) Persons deprived of or restricted in personal freedom according to law;
(six) within the probation period of probation or parole, or the punishment has not been completed;
(7) Persons with no capacity for conduct or persons with limited capacity for conduct.
A defender shall not defend more than two criminal suspects in the same case, nor shall he defend more than two criminal suspects who have not been dealt with in the same case but whose crimes are interrelated.
If the persons specified in items 1 to 4 of the first paragraph of this article are close relatives or guardians of the criminal suspect, and do not fall into the circumstances of items 5 to 7 of the first paragraph, the criminal suspect may entrust them as defenders.
Article 39 A judge or prosecutor may not act as a defender within two years after leaving the people's court or people's procuratorate.
After leaving the people's procuratorate, a prosecutor may not act as a defender of the case handled by the original procuratorate. Except as a guardian or close relative of a criminal suspect.
A prosecutor's spouse and children may not act as defenders in handling cases in their procuratorates.
Article 40 A criminal suspect may entrust one or two persons as defenders.
A lawyer acting as an agent ad litem shall not accept the entrustment of more than two victims in the same case to participate in criminal proceedings.
Article 41 When a people's procuratorate directly accepts a case for investigation and examines a case for prosecution, it finds that the criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, or may be sentenced to life imprisonment or death penalty, and has not entrusted a defender, it shall promptly notify the legal aid institution in writing to appoint a lawyer to defend him.
Article 42 When a people's procuratorate receives an application for legal aid from a criminal suspect whose residence is under surveillance at a designated residence, it shall, within three days, hand over the application materials to the legal aid institution, and notify the guardian, near relatives or other personnel entrusted by the criminal suspect to assist in providing relevant documents, certificates and other relevant materials.
Article 43 If a criminal suspect refuses a lawyer appointed by a legal aid institution to act as a defender, the people's procuratorate shall find out the reasons for the refusal, and if there are justified reasons, it shall allow it, but if the criminal suspect needs to entrust another defender; If a criminal suspect fails to entrust a defender, he shall notify the legal aid institution in writing to appoint a lawyer to defend him.
Article 44 If a defender informs the people's procuratorate or a legal aid institution to appoint a lawyer after accepting the entrustment, the case management department of the people's procuratorate shall register the relevant information of the defender in time, and inform the relevant information and materials in time and hand them over to the relevant case handling department.
The case management department of the people's procuratorate shall examine the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter for the defenders who handle business. Other defenders and agents ad litem shall examine their identity certificates and power of attorney.
Article 45 If a criminal suspect in a particularly serious bribery case is detained or under residential surveillance, the investigation department of the people's procuratorate shall notify the detention center or the public security organ in writing when sending the criminal suspect to the detention center or the public security organ for execution. If a defense lawyer meets a criminal suspect during the investigation, he shall obtain the permission of the people's procuratorate.
In any of the following circumstances, it is a particularly serious bribery crime:
The amount of suspected bribery crime is more than 500,000 yuan, and the circumstances of the crime are bad;
Having a significant social impact;
(three) involving the vital interests of the state.
Article 46 If a defense lawyer requests to meet a criminal suspect who is in custody or under residential surveillance during the investigation of a particularly serious bribery crime, the investigation department of the people's procuratorate shall put forward an opinion on whether or not to allow it, report it to the chief procurator for decision, and reply to the defense lawyer within three days.
When handling a particularly serious bribery case, the people's procuratorate shall notify the detention center or the public security organ and the defense lawyer who performs residential surveillance after the situation that hinders the investigation disappears, and the defense lawyer may meet the criminal suspect without permission.
For particularly serious bribery cases, the people's procuratorate shall allow defense lawyers to meet the criminal suspect before the investigation is completed.
Article 47 From the date when the case is transferred for examination and prosecution, the people's procuratorate shall allow the defense lawyer to consult, extract and copy the case file.
The case file includes the litigation documents and evidential materials of the case.
Article 48 If a defender other than a lawyer applies to the People's Procuratorate for consulting, extracting and copying case files or meeting with a criminal suspect who is under detention or residential surveillance from the date when the case is transferred for examination and prosecution, the public prosecution department of the People's Procuratorate shall examine whether the applicant has the qualification of a defender, put forward opinions on whether to approve it, report it to the Procurator-General for decision within three days, and notify the applicant in writing.
If the people's procuratorate authorizes a defender other than a lawyer to communicate with a criminal suspect who is detained or under residential surveillance, it may request the detention center or the public security organ to send the letter to the people's procuratorate for inspection.
The people's procuratorate shall not allow defenders other than lawyers to apply for consulting, extracting and copying files, and to apply for meeting and correspondence with criminal suspects who are detained or under residential surveillance;
(1) The suspect in the same case is at large;
(two) the facts of the case are unclear, the evidence is insufficient, or the accomplice crime or criminal suspect is omitted, and supplementary investigation is needed;
(three) involving state secrets or commercial secrets;
(4) Facts show that there is the possibility of collusion, destruction, forgery of evidence or endangering the personal safety of witnesses.
Article 49 When defense lawyers or other entrusted defenders go to the People's Procuratorate to consult, extract and copy the case files, the case management department shall make timely arrangements and the public prosecution department shall provide the case files. If it cannot be arranged in time due to the work of the public prosecution department, it shall explain to the defender and arrange for the defender to read the papers within three working days from now, and the public prosecution department will cooperate.
Consult, extract and copy the case file materials shall be carried out in a special place set up by the people's procuratorate. When necessary, the people's procuratorate may send personnel to assist on the spot.
Defenders can copy files and take photos, and the people's procuratorate only charges necessary fees. The people's procuratorate shall, according to the specific circumstances, reduce or exempt the expenses for the defense lawyers who undertake legal aid cases to copy the necessary case files.
Article 50 After the case is transferred for examination, arrest or prosecution, if the defender thinks that the evidence materials collected by the public security organ during the investigation to prove the suspect's innocence or light crime have not been submitted, and applies to the people's procuratorate for collection by the public security organ, the case management department of the people's procuratorate shall promptly submit the application materials to the investigation and supervision department or the public prosecution department for handling. After examination, if it is considered that the evidence applied by the defender has been collected and related to the facts of the case, it shall be collected; If it considers that the evidence applied by the defender has not been collected or has nothing to do with the facts of the case, it shall decide not to adopt it and explain the reasons to the defender. If the public security organ obtains relevant evidence materials, the people's procuratorate shall inform the defender within three days.
The people's procuratorate shall handle cases directly filed for investigation in accordance with the provisions of this article.
Article 51 In the process of investigation, examination, arrest and prosecution by the people's procuratorate, if the defender collects evidence that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and is a mental patient who is not criminally responsible according to law, and informs the people's procuratorate, the relevant case-handling department of the people's procuratorate shall conduct a timely examination.
Article 52 After the case is transferred for examination and prosecution, if the defense lawyer applies to the people's procuratorate for collecting and obtaining evidence according to the provisions of the first paragraph of Article 41 of the Criminal Procedure Law, the case management department of the people's procuratorate shall promptly transfer the application materials to the public prosecution department for handling.
If the people's procuratorate considers it necessary to collect and obtain evidence, it shall decide to collect, obtain and make a transcript attached; If it is decided not to collect or transfer, the reasons shall be explained in writing.
When the people's procuratorate collects and obtains evidence according to the application of the defense lawyer, the defense lawyer may be present.
Article 53 Where a defense lawyer collects materials related to this case from the victim or his close relatives or witnesses provided by the victim, and applies to the people's procuratorate, it shall be handled with reference to the provisions of the first paragraph of Article 52 of these Rules, and the people's procuratorate shall make a decision on whether to grant or not within seven days, and notify the defense lawyer. If the people's procuratorate refuses to grant permission, it shall explain the reasons in writing.
Article 54 In the process of investigation, examination, arrest and prosecution of a people's procuratorate, if the defender requests to listen to his opinions, the case management department shall contact the investigation department, the investigation supervision department or the public prosecution department in time to arrange to listen to his opinions. If the defender puts forward written opinions, the case management department shall promptly transmit them to the investigation department, the investigation supervision department or the public prosecution department.
Article 55 The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the victim and his legal representative or his near relatives, the parties involved in an incidental civil action and his legal representative of the right to entrust an agent ad litem.
The notice can be oral or written. For oral notification, a written record shall be made and signed by the notified person; Informed in writing, the receipt shall be filed; If it is impossible to inform, it shall be recorded.
If the victim has a legal representative, he shall inform his legal representative; If there is no legal representative, it shall notify its close relatives.
If there are more than two legal representatives or close relatives, only one of them may be notified in the order listed in Items 3 and 6 of Article 106 of the Criminal Procedure Law.
Where the parties and their legal representatives or close relatives entrust agents ad litem, the provisions of Article 32 of the Criminal Procedure Law and Articles 38, 39 and 44 of these Rules shall apply.
Article 56 Where an agent ad litem is permitted by the People's Procuratorate to consult, extract or copy the case file, it shall be handled with reference to the provisions of Articles 47 to 49 of these Rules.
If a lawyer acts as an agent ad litem and needs to apply to the people's procuratorate for collecting and obtaining evidence, it shall be handled with reference to the provisions of Article 52 of these Rules.
Article 57 If a defender or agent ad litem believes that a public security organ, a people's procuratorate, a people's court and its staff have any of the following acts that hinder them from exercising their litigation rights according to law, they may appeal or accuse them to the people's procuratorate at the same level or at the next higher level, and the procuratorial department shall accept and handle them according to law, and the relevant case-handling departments shall cooperate:
(a) refuses to accept the withdrawal request made by the defender or agent ad litem, or refuses to accept the application for reconsideration of the decision not to withdraw;
(2) Failing to inform the criminal suspect or defendant of the right to entrust a defender according to law;
(3) Failing to convey the request of the criminal suspect or defendant who is detained or under residential surveillance to entrust a defender;
(4) failing to notify the legal aid institution to appoint a lawyer to provide defense or legal aid for a qualified criminal suspect, defendant or person who has been applied for compulsory medical treatment;
(5) Failing to accept or reply to the application for changing compulsory measures or the request for lifting compulsory measures put forward by the defender within the specified time;
(six) failing to inform the defense lawyer of the suspected crime and the relevant situation of the case according to law;
(seven) illegal restrictions on defense lawyers to meet with criminal suspects and defendants in custody or under surveillance;
(eight) illegal defense lawyers shall not consult, extract or copy the case files;
(9) Illegally restricting the collection and verification of relevant evidence materials by defense lawyers;
(10) Disagreeing with the defense lawyer's application for collecting and obtaining evidence or notifying witnesses to testify in court without justifiable reasons, or refusing to reply or explain the reasons;
(eleven) did not submit evidence to prove that the criminal suspect or defendant is innocent or guilty;
(12) Failing to listen to the opinions of defenders and agents ad litem according to law;
(13) Failing to inform the defender or agent ad litem of the time and place of the court session in time according to law;
(fourteen) failing to serve the legal documents of the case to the defender or agent ad litem in time according to law or failing to inform the transfer in time;
(15) Obstructing defenders and agents ad litem from exercising their litigation rights in accordance with the law during court proceedings;
(sixteen) other obstacles to the defenders and agents ad litem to exercise their litigation rights according to law.
If a defender or agent ad litem believes that the detention center and its staff members have acts that hinder them from exercising their litigation rights according to law and complain or accuse them to the people's procuratorate, the prison procuratorial department shall accept and deal with them according to law; When the procuratorial department receives a complaint or accusation, it shall promptly forward it to the prison procuratorial department for handling.
Article 58 If a defender or agent ad litem thinks that his or her exercise of litigation rights according to law is hindered, he or she shall lodge a complaint or complaint with the People's Procuratorate, which shall conduct an examination within 10 days after accepting the case. If the situation is true, upon the decision of the Procurator-General, it shall notify the relevant organs or departments of our hospital and the people's procuratorates at lower levels to correct it, and give a written reply to the defenders or agents ad litem who lodge complaints or charges.
Article 59 If a defense lawyer informs the people's procuratorate that his client or other personnel will commit or are committing crimes that endanger national security, public security and seriously endanger the personal safety of others, the people's procuratorate shall accept the case and immediately transfer it to the relevant authorities for handling according to law.
The people's procuratorate shall keep confidential the defense lawyers who reflect the relevant situation.
Article 60 If a people's procuratorate finds that a defender has helped a criminal suspect or defendant to conceal, destroy, forge evidence or collude with a confession, threatened or induced a witness to commit perjury, or committed other acts that may be suspected of committing a crime, it shall, with the approval of the procurator-general, handle it in accordance with the following provisions:
(1) If the suspected crime is under the jurisdiction of the public security organ, the clues or evidence materials of the defender's suspected crime shall be transferred to the public security organ at the same level for handling in accordance with relevant regulations;
(2) If the suspected crime falls under the jurisdiction of the people's procuratorate, it shall be reported to the people's procuratorate at the next higher level for investigation or other people's procuratorates designated by the people's procuratorate at the next higher level for investigation. The people's procuratorate at a higher level shall not designate the case undertaken by the defender to the people's procuratorate at a lower level for investigation.
If the defender is a lawyer, the people's procuratorate under the designated jurisdiction shall notify the law firm or lawyers association in writing at the same time of filing a case for investigation.