What problems should lawyers pay attention to when meeting?
A criminal suspect is different from a criminal. According to the principle of presumption of innocence, criminal suspects are innocent unless they are proved guilty through trial. So, what are the precautions for lawyers to meet with criminal suspects? Please refer to the following for your detailed introduction: 1. Introduce yourself and inform the scope of work Article 96 A criminal suspect may hire a lawyer to provide legal advice, complaints and accusations on his behalf after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the 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. Article 33 A criminal suspect has the right to entrust a defender in a case of public prosecution from the date when the case is transferred for examination and prosecution. Article 36 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. Second, consult the advice of hiring a lawyer. If you agree, you should ask him to sign the power of attorney to hire a lawyer. 3. Understand the relevant cases, including the following contents: (1) Whether and how to participate in suspected cases; (2) If guilty, state the main facts and circumstances related to conviction and sentencing; (three) if you think you are innocent, state the plea of innocence; (4) Whether the legal procedures for compulsory measures are complete and legal; (5) Whether his personal rights have been violated and his personality has been insulted after compulsory measures have been taken. 4. Providing legal advice to a certain person, including the following contents: (1) Legal provisions on the conditions, duration and application procedures of compulsory measures; Article 69 of the Criminal Procedure Law If the public security organ deems it necessary to arrest a detained person, it shall, within three days after detention, submit it to the people's procuratorate for examination and approval. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. Article 124 The period of investigation and detention of a criminal suspect after his arrest shall not exceed two months. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's procuratorate at the next higher level. 125th due to special reasons, it is not appropriate to try for a long time, especially important and complicated cases, the Supreme People's Procuratorate shall report to the NPC Standing Committee for approval to postpone the trial. Article 126 If the investigation of the following cases cannot be concluded within the time limit stipulated in Article 124 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government: (1) major and complicated cases in remote areas with very inconvenient transportation; (2) Major criminal group cases; (3) Major and complicated cases of escaping crime; (four) major and complex cases involving a wide range and difficult to obtain evidence. (two) the legal provisions for the withdrawal of investigators, prosecutors and judges; Article 28 A judge, procurator or investigator shall recuse himself in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender or agent ad litem in this case; (4) Having other relations with the parties to the case, which may affect the fair handling of the case. (3) A criminal suspect has the obligation to truthfully answer questions raised by investigators and has the right to refuse to answer questions irrelevant to the case; Article 93 When interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime and let him state his guilt or innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case. (4) A criminal suspect has the right to request to write his own confession, the right to check, supplement, correct and supplement the interrogation record made by investigators, and the obligation to sign or seal the record after admitting that it is correct. Article 95 The interrogation record shall be checked by the criminal suspect, and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record. Investigators should also sign the records. If a criminal suspect requests to write his own confession, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person. (5) The criminal suspect has the right to request the investigation organ to inform him of the expert conclusion used as evidence, and to apply for supplementary expert evaluation or re-expert evaluation; Article 121 The investigation organ shall inform the criminal suspect and the victim of the expert conclusion used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal. (6) The right of defense enjoyed by the criminal suspect; (7) The right of appeal and accusation enjoyed by criminal suspects; (eight) the relevant provisions of the criminal law on the charges suspected by the criminal suspect; (nine) the legal provisions of the criminal law on voluntary surrender and meritorious service, and the legal embodiment of the policy of combining leniency with severity; Article 67 A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Article 68 Criminals who have made meritorious deeds such as exposing other people's criminal acts and verifying them, or providing important clues to solve other cases may be given a lighter or mitigated punishment; Those who have made significant meritorious service may be mitigated or exempted from punishment. Whoever surrenders himself after committing a crime and has made great meritorious service shall be given a mitigated punishment or exempted from punishment. (10) Provisions on the jurisdiction of criminal investigation; (1 1) Legal provisions of criminal incidental civil action: 5. Give an interview record to someone to read or read to them. Ask him to sign the record when it is confirmed.