1. After accepting the entrustment, the undertaking lawyer shall contact the public prosecution organ in time;
2. Defense lawyers can communicate with criminal suspects, but the content should be related to the case;
3. Lawyers provide the following legal aid to criminal suspects:
4. Apply for bail pending trial for the criminal suspect;
5. The defense lawyer may collect materials related to the case from the victim or his close relatives or witnesses provided by the victim.
The procuratorate shall ascertain the contents of the examination and prosecution:
1. The facts are clear: whether the evidence is true and sufficient, whether the nature of the crime and the determination of the charges are correct. Finding out the facts and circumstances of the crime is the premise of correct conviction and sentencing, and finding out whether the evidence is true and sufficient is the basis and basis of correct conviction and sentencing;
2. Other duties: The people's procuratorate shall investigate crimes objectively and comprehensively. Therefore, when examining and prosecuting, we should pay attention to examining whether criminal suspects and other persons who should be investigated for criminal responsibility have committed criminal acts. In order to find out all the criminal facts of the case, it is necessary to find out all the criminal facts of the criminal suspect, and all criminals must be arrested in the same criminal case;
3. Whether to investigate the responsibility: It is one of the duties of the people's procuratorate to protect the innocent from criminal investigation. Therefore, when examining a case, the people's procuratorate must find out whether the suspect should not be investigated for criminal responsibility. Article 15 of the Criminal Procedure Law clearly stipulates the circumstances in which criminal responsibility should not be investigated;
4. Legitimacy of investigation: The process of people's procuratorate's examination and prosecution is also the process of legal supervision of investigation. Therefore, when examining a case, the people's procuratorate should pay attention to whether the investigation activities of investigators conform to the legal procedures and whether the legal procedures are complete. In particular, it is necessary to find out whether there are cases of extorting confessions by torture and collecting evidence by threats, temptations, deception and other illegal methods in the process of interrogating criminal suspects and witnesses. Once violations of laws and regulations are found in the investigation activities, rectification opinions shall be put forward in time. If the case constitutes a crime, criminal responsibility shall be investigated according to law;
Procedures for accepting cases handled by lawyers:
1. The law firm and the client signed an entrustment agreement in duplicate, one for the client and one for the law firm to file;
2. The power of attorney signed by the client is in triplicate, one for the case-handling organ, one for the contractor and one for the client;
3, the law firm lawyers according to the official letter, sent by the lawyer to the case handling organ.
Contact with the public prosecution agency:
1. After accepting the entrustment, the lawyer in charge shall contact the public prosecution organ in time, submit the power of attorney and the official letter of the law firm, and show the lawyer's practice certificate.
2. The defense lawyer has the right to consult, extract and copy the litigation documents and technical appraisal materials in this case.
3. Meeting and correspondence: In the stage of examination and prosecution, the defense lawyer can meet the criminal suspect at any time without the approval of the procuratorial organ. Defense lawyers can communicate with criminal suspects, but the content should be related to the case.
When a lawyer meets a criminal suspect, he can learn the following information about the case: the natural situation of the criminal suspect; Whether and how to participate in suspected cases; The main facts and circumstances involved in conviction and sentencing or plea of innocence. Apply for bail pending trial for criminal suspects.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.