Article 86, Paragraph 2, of the "Criminal Procedure Law of the People's Republic of China" stipulates: "When reviewing and approving an arrest, the People's Procuratorate may question witnesses and other litigation participants and listen to the opinions of defense lawyers; If a lawyer makes a request, the opinion of the defense lawyer shall be heard."
Article 54 of the "Criminal Procedure Rules of the People's Procuratorate" of the Supreme People's Procuratorate: "The People's Procuratorate shall conduct investigations, review arrests, and review prosecutions. , if the defender requests to hear his or her opinions, the case management department shall contact the investigation department, investigation supervision department or public prosecution department in a timely manner and make arrangements to hear his or her opinions. If the defender submits written opinions, the case management department shall promptly transfer them to the investigation department or investigation supervision department. Or the public prosecution department. "Article 309 stipulates: "During the review of the arrest, if the criminal suspect retains a defense lawyer, the investigation supervision department may listen to the defense lawyer's opinions if requested. "The defense lawyer's opinion should be accompanied by a transcript." "If the defense lawyer puts forward a written opinion that it does not constitute a crime, is not dangerous to society, is not suitable for detention, or that there are illegal and criminal acts during the investigation, the case handling personnel shall review it and review the arrest opinion. Explain the circumstances and reasons for adoption. ”