In the stage of examination and prosecution, the main rights are as follows:
1. You can consult, extract and copy the litigation documents and technical appraisal materials of this case. Litigation documents in criminal cases mainly include procedural documents made for filing a case, taking compulsory measures and investigation measures, and submitting for examination and prosecution, such as filing decision, detention certificate, approval of arrest decision, arrest decision, arrest warrant, search warrant, prosecution opinion, etc. Technical appraisal materials mainly include forensic medicine appraisal, forensic psychiatry appraisal, material evidence technical appraisal and other record documents in which people, things and other relevant evidence materials are appraised by qualified personnel and the appraisal conclusion is made. Therefore, the litigation documents and technical appraisal materials of criminal cases reflect the basic situation, nature and some main evidence of criminal cases, which is an important basis for lawyers to understand and master the cases. According to the law, defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of this case at the stage of examination and prosecution, and other defenders other than lawyers can also consult, extract and copy the above materials with the permission of the people's procuratorate.
You can meet and correspond with the criminal suspect in custody. In the process of examination and prosecution, in order to better exercise the right of defense for the criminal suspect, it is very necessary for the defender to know the case from the criminal suspect. If a criminal suspect is arrested or detained, the defender has the right to meet or correspond with the criminal suspect in order to understand the case. From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the people's procuratorate, may also meet and correspond with criminal suspects in custody.
3. Defence lawyers can collect evidence related to this case. This is an important right given to lawyers by the new criminal procedure law. In the past, the criminal procedure law did not stipulate that lawyers could collect evidence for defendants, and evidence could only be collected by judicial organs in investigation and other activities, which greatly restricted lawyers' defense activities and was not conducive to journalists' full exercise of their defense rights. The revised Criminal Procedure Law not only strengthens the role of both the prosecution and the defense in court proceedings, but also stipulates that defense lawyers can collect materials related to this case and apply to the people's procuratorate for collecting and obtaining evidence, which is an important reform of the criminal litigation defense system. According to the law, this right can only be exercised by defense lawyers, and other defenders do not have this right. There are three specific contents: First, defense lawyers can collect materials related to this case from witnesses or other relevant units and individuals with their consent. In other words, lawyers must obtain the consent of witnesses who provide evidence or other relevant units and individuals. Without the consent of the witness or the relevant unit or individual, a lawyer cannot compel the witness or the relevant unit or individual to testify. Judicial investigation and evidence collection is legally mandatory, that is, in addition to inquiry, you can also use compulsory methods such as search and seizure, while lawyers cannot use compulsory methods such as search and seizure stipulated by law. Second, with the permission of the people's procuratorate, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer can collect materials related to the case from him. Third, defense lawyers can apply to the people's procuratorate for collecting and collecting evidence when they still cannot obtain relevant evidence materials under the above circumstances. In this regard, the decision is made by the people's procuratorate, and lawyers only have the right to apply. Whether the people's procuratorate collects or takes evidence shall be decided by the people's procuratorate according to the specific circumstances of the case. If the people's procuratorate decides to collect and obtain evidence, it should collect and obtain it by the people's procuratorate, not by lawyers.
Lawyer Zhu Gui of Zongheng Law Network