the entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet with the criminal suspect in custody and get relevant information from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ.
2. "Forty-eight Articles of Six Ministries"
9. "Cases involving state secrets" as stipulated in Article 96 of the Criminal Procedure Law refers to cases involving state secrets, and cannot be identified as cases involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.
1. According to Article 96 of the Criminal Procedure Law, if a criminal suspect hires a lawyer in the investigation stage, he or his relatives may do so on his behalf. If a criminal suspect in custody proposes to hire a lawyer, the detention organ shall promptly convey his request to the relevant investigation organ handling the case, and the investigation organ shall promptly convey his request to the person entrusted by him or his law firm. If a criminal suspect only wants to hire a lawyer, but can't mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
11. Article 96 of the Criminal Procedure Law stipulates that a lawyer shall obtain permission from the investigation organ when meeting a criminal suspect in custody. For cases that do not involve state secrets, lawyers do not need to be approved to meet criminal suspects. Cases involving state secrets cannot be denied because the investigation process needs to be kept secret. If a lawyer requests to meet with a criminal suspect, he shall arrange a meeting within 48 hours. If a lawyer requests to meet with two or more major and complex criminal suspects such as organizing, leading, participating in underworld organizations, organizing, leading, participating in terrorist activities or smuggling, drug crimes, corruption and bribery crimes, he shall arrange a meeting within five days.
12. Article 96 of the Criminal Procedure Law stipulates that during the investigation stage, lawyers meet with criminal suspects in custody, and the investigation organ may send personnel to be present according to the case and needs. 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.
2. Article 52 of the Criminal Procedure Law stipulates: "A criminal suspect or defendant in custody, his legal representative or his near relatives have the right to apply for bail pending trial." Article 96 stipulates: "If a criminal suspect is arrested, the lawyer hired may apply for bail pending trial." If a detained criminal suspect, defendant, his legal representative, near relative or lawyer applies for bail pending trial, the organ that has the right to decide shall give a reply on whether or not to agree within seven days. Those who agree to obtain a guarantor pending trial shall go through the formalities of obtaining a guarantor pending trial according to law; If he does not agree to obtain bail pending trial, he shall inform the applicant and explain the reasons for his disagreement.
3. Provisions of Public Security Organs on Handling Criminal Cases
Article 35 The public security organs shall guarantee lawyers' practice activities in accordance with the law, and guarantee lawyers to engage in the following businesses in the investigation stage:
(1) Find out from the public security organs the charges charged by criminal suspects;
(2) Meet with the criminal suspect and learn about the case from the criminal suspect;
(3) Providing legal advice, complaints and accusations to criminal suspects;
(4) apply for bail pending trial for the arrested criminal suspect.
article 36 the public security organ shall inform the criminal suspect of his right to hire a lawyer to provide legal advice, represent his complaints and accusations, and put them on record.
article 37 for cases involving state secrets, the public security organ shall inform the criminal suspect that hiring a lawyer must be approved by the public security organ.
a case involving state secrets refers to a case or a case involving state secrets, which cannot be identified as involving state secrets because the relevant materials and handling opinions in criminal case investigation need to be kept confidential.
article 38 a criminal suspect may hire a lawyer by himself, and his relatives may also hire a lawyer on his behalf.
A criminal suspect's request to hire a lawyer can be in written form or oral form. If it is put forward orally, the public security organ shall make a written record, which shall be signed (sealed) by the criminal suspect and fingerprinted.
article 39 if a criminal suspect in custody proposes to hire a lawyer, the detention center shall promptly convey it to the investigation organ handling the case, and the investigation organ shall promptly convey it to the person entrusted by him or his law firm. If a criminal suspect only asks for a lawyer without mentioning the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him.
Article 4 A criminal suspect in the same case may not employ the same lawyer.
article 41 if a criminal suspect or his relatives request to hire a lawyer for a case involving state secrets, the public security organ at or above the county level shall make a decision of approval or disapproval within three days after receiving the application, and notify the criminal suspect or his relatives.
article 42 when a public security organ discovers a case involving state secrets and the criminal suspect has hired a lawyer, it shall promptly inform the hired lawyer not to participate in litigation activities at the investigation stage and notify the criminal suspect at the same time. If the criminal suspect still insists on employment, it shall be approved by the public security organ.
article 43 for a case that does not involve state secrets, a lawyer does not need to obtain approval when meeting a criminal suspect, and the public security organ shall not refuse to approve a case that involves state secrets because of the need for confidentiality in the investigation process.
for cases involving state secrets, if a lawyer requests to meet with a criminal suspect, he shall fill out an application form for meeting with the criminal suspect and obtain approval from the public security organ at or above the county level. If the public security organ does not approve the meeting, it shall explain the reasons to the lawyer.
Article 44 If a lawyer asks to meet with a criminal suspect, the public security organ shall arrange the meeting within 48 hours; For the crime of organizing, leading or participating in underworld organizations, organizing, leading or participating in terrorist activities, or major and complicated crimes such as smuggling, drug crimes, corruption and bribery, the lawyer shall arrange to meet with the criminal suspect within five days.
article 45 if a lawyer needs to hire an interpreter when meeting a criminal suspect in custody, he shall obtain permission from the public security organ.
article 46 when a lawyer meets a criminal suspect in custody, the public security organ may send personnel to be present according to the circumstances and needs of the case.
article 48 if a lawyer meets a criminal suspect in custody and violates the law or the meeting place, the on-site police shall stop him, and may decide to stop the meeting if necessary.
article 49 if a lawyer violates the relevant provisions in criminal proceedings, the public security organ shall promptly stop him and notify the lawyer management department.
4. Rules of Criminal Procedure of the People's Procuratorate
Article 145 After interrogating a criminal suspect for the first time or from the date when compulsory measures are taken against the criminal suspect, the procurator shall inform the criminal suspect that he can hire a lawyer to provide legal advice, lodge a complaint or apply for bail pending trial, and record the situation in the record.
article 146 if a criminal suspect in custody requests to hire a lawyer, the people's procuratorate shall make a written record. Cases that do not involve state secrets shall be handled in accordance with the provisions of Article 147 of these Rules. For cases involving state secrets, the people's procuratorate shall make a decision on whether or not to approve them within three days. If the people's procuratorate makes a decision of disapproval, it shall explain the reasons to the criminal suspect.
During the investigation, the criminal suspect can hire one or two lawyers to provide legal aid.
article 147 if a criminal suspect in custody hires a lawyer and puts forward a clear name of the law firm or the lawyer's name directly entrusts him, the people's procuratorate shall timely transmit the entrusted opinions of the criminal suspect to the law firm; If it is proposed to be hired by relatives and friends, the people's procuratorate shall promptly forward the employment opinions to relatives and friends; If the suspect proposes to hire a lawyer,
but there is no specific person to be hired or a person to be hired on his behalf, the people's procuratorate shall notify the local bar association or the judicial administrative organ to recommend a lawyer for him.
Employment opinions can be put forward in writing or orally. If it is put forward orally, it shall be recorded in the record and signed or sealed by the criminal suspect.
article 148 if the criminal suspect has hired a lawyer, but the people's procuratorate finds that the case involves state secrets during the investigation, it shall promptly inform the lawyer hired by the criminal suspect to temporarily stop participating in litigation activities and notify the criminal suspect.
whether to approve the criminal suspect to continue to hire a lawyer shall be governed by the provisions of the first paragraph of Article 146 of these Rules.
article 149 if a lawyer accepts the entrustment of two or more criminal suspects in the same case to provide legal aid during the investigation, the people's procuratorate shall not arrange for a lawyer to meet the criminal suspect in custody.
article 3 when a lawyer entrusted by one forgotten and fifth meets a criminal suspect in custody, he shall inform the people's procuratorate in advance, and provide the people's procuratorate with the power of attorney of the criminal suspect, the lawyer's practice certificate and the letter of introduction from the law firm.
during the investigation, the investigation department of the people's procuratorate shall handle matters related to entrusting a lawyer to meet the criminal suspect in custody.
article 151 if a lawyer asks to meet with a criminal suspect in custody in a case that does not involve state secrets, the people's procuratorate shall arrange a specific time for the meeting within 48 hours; For major and complicated cases involving two or more people, such as corruption and bribery, a meeting can be arranged within five days.
when arranging the meeting time, the people's procuratorate shall decide whether to send personnel to attend according to the circumstances and needs of the case. If it is decided not to send personnel to attend the meeting, it shall issue a certificate of consent to the meeting. When an entrusted lawyer meets a criminal suspect in custody, it shall be agreed by the people's procuratorate or accompanied by the people's procuratorate.
article 152 if a lawyer asks to meet a criminal suspect involved in state secrets in custody, the people's procuratorate shall make a decision on whether to authorize a lawyer to meet the criminal suspect in custody within five days according to the circumstances and needs of the case. If the entrusted lawyer is approved to meet the criminal suspect in custody, it shall be handled in accordance with the provisions of Article 151 of these Rules.
article 153 when an entrusted lawyer meets a criminal suspect in custody, the staff of the procuratorial organ present shall inform him to abide by the regulations of the supervision place and the relevant authorities on the meeting.
When the entrusted lawyer meets the criminal suspect in custody, the staff of the procuratorial organ present can make a record.
article 154 if a lawyer interrogates a criminal suspect in custody beyond the scope of authorization stipulated in article 96 of the criminal procedure law, or violates the regulations of the supervision place and the relevant authorities on the meeting, the staff of the procuratorial organ present shall have the right to stop or suspend the meeting.
article 155 when a people's procuratorate discovers that a lawyer has violated laws or relevant regulations in criminal proceedings, it shall stop it in time and inform the relevant lawyer management department of the situation.
article 156 cases involving state secrets mentioned in this section refer to cases or cases involving state secrets in nature.
5. code of practice for lawyers to participate in criminal proceedings
article 9 when undertaking criminal proceedings, lawyers may entrust lawyers from different places to investigate and collect evidence on their behalf, or request lawyers from different places to assist in meeting criminal suspects and defendants. Lawyers from different places should support them.
Article 1 A law firm may accept the entrustment of a criminal suspect or defendant or his legal representative, relatives or clients, or accept the designation of a people's court, and appoint lawyers to provide legal aid or act as defenders for the criminal suspect or defendant; You can accept the entrustment of the victims and their legal representatives or close relatives, the parties involved in incidental civil litigation and their legal representatives, the private prosecutors in private prosecution cases and their legal representatives, and entrust lawyers to act as litigation agents; You can accept the entrustment of the parties to a criminal case and their legal representatives and close relatives, and appoint a lawyer as the agent of the appeal case; You can accept the entrustment of the person who is not prosecuted and his legal representative or close relatives, and entrust a lawyer to appeal on his behalf; After the public security organ and the people's procuratorate make a decision not to file a case or reject the prosecution, they may accept the entrustment of the victim, his legal representative or close relatives and entrust a lawyer to appeal or prosecute on his behalf.
a law firm should try its best to meet the requirements of clients' appointment by name.
Article 11 A lawyer shall go through the entrustment formalities according to the following circumstances:
(1) Legal aid must be provided to a criminal suspect after the first interrogation by the investigation organ or on the day when compulsory measures are taken;
(2) acting as a defender after the criminal suspect is examined and prosecuted by the people's procuratorate or the defendant is prosecuted;
(3) Being a victim of a public prosecution case or an agent ad litem of an incidental civil litigation party, counting from the date when the case is transferred for examination and prosecution;
(4) As a private prosecutor in a private prosecution case, a party involved in an incidental civil action and their legal representatives, they can accept entrustment at any time;
(5) After the judgment of the first instance is announced, he acts as a defender or agent ad litem of the second instance;
(6) The case of acting as an agent for appeal must be made after the judgment or ruling of the people's court becomes legally effective, or after the public security organ or the people's procuratorate makes a decision to dismiss the case or not to prosecute;
(7) In cases involving state secrets, the consent of the investigation organ must be obtained when hiring a lawyer at the investigation stage;
(8) if the criminal suspect, the defendant's relatives or other people entrust it, it must be confirmed by the criminal suspect and the defendant at the meeting.
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.
Article 2 After accepting the entrustment, the lawyer in charge shall contact the investigation organ in time, submit the power of attorney, the letter of introduction from the law firm, and produce the lawyer's practice certificate.
Article 21 A lawyer in charge shall know the charges suspected by a criminal suspect from the investigation organ, and put forward specific requirements for meeting the criminal suspect in time.
Article 22 A lawyer may meet a criminal suspect who is not in custody 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 should be present.
Article 23 A lawyer does not need approval to meet a criminal suspect whose residence is under surveillance.
Article 24 For cases that do not involve state secrets, lawyers do not need approval to meet criminal suspects in custody. Lawyers have the right to request the investigation organ to arrange a meeting within 48 hours or 5 days 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. detect