The duty of a lawyer as a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. The sooner lawyers get involved in the case, the more they can protect the legitimate rights of criminal suspects, and the aggrieved public security organs can avoid detours. Then, for the criminal suspect, can he meet a lawyer during the investigation stage? In other words, can lawyers get involved in the investigation stage? This paper introduces the above problems as follows.
1. Can I see a lawyer at the investigation stage?
1. A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
2. In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers shall obtain permission from the investigation organ when meeting with criminal suspects in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
3. When the investigation organ interrogates the criminal suspect for the first time or takes compulsory measures against the criminal suspect, it shall inform the criminal suspect that he has the right to entrust a defender. If a criminal suspect requests to entrust a defender during his detention, the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, can lawyers intervene in the investigation stage?
The answer is yes, as long as it is entrusted by the criminal suspect or his close relatives.
Defense lawyers can provide the following assistance to criminal suspects during investigation:
1. Provide legal advice to criminal suspects to help them understand relevant laws and regulations and explain relevant legal issues. Legal advice provided by lawyers cannot be understood as merely reading out the legal provisions or explaining the legal provisions themselves, nor can it be understood as merely answering legal questions raised by criminal suspects. Lawyers have the responsibility to help legal issues related to criminal suspects, whether or not they are raised with lawyers, such as informing them of their due litigation rights and related legal responsibilities.
2. Acting as an agent for complaints and accusations, acting as an agent for criminal suspects to tell grievances to relevant departments, to defend themselves, and to accuse investigators and other relevant personnel of infringing the legitimate rights of criminal suspects. Lawyers need the consent of the criminal suspect to represent the accusation and accusation. However, if the criminal suspect is unable to complain or accuse because of serious illness, or is afraid to complain or accuse because of being threatened, the lawyer can also take the initiative to complain and accuse to safeguard the legitimate rights and interests of the criminal suspect.
If the suspect is arrested, the lawyer can apply for bail pending trial.
Through the above introduction, I believe everyone has a further understanding of "whether lawyers can meet in the investigation stage" and "whether lawyers can intervene in the investigation stage". When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. Therefore, if you enter the investigation stage, you'd better turn to a professional criminal defense lawyer as soon as possible to seek legal help and better safeguard your legitimate rights and interests.