There is no restriction on the interview of criminal cases in the investigation stage, as long as they are on duty; In cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. However, in all criminal cases, from the date of transfer for examination and prosecution, there is no restriction on interviews, and the specific number depends on the needs of handling cases and defense.
Article 40 of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that defense lawyers can meet and correspond with criminal suspects in custody, learn about the case from criminal suspects, and provide legal aid, complaints and accusations for criminal suspects. Lawyers have the right to ask the suspects about the alleged charges and whether the investigators extort confessions by torture or illegally collect evidence by means of threats, enticements, deception, etc.
Extended data:
Precautions:
1. Sometimes the trust relationship between lawyers and clients can't be established in one meeting, so it is not appropriate to meet for the first time rashly. Sometimes it is necessary to meet several times to deepen the trust relationship between the two sides before in-depth communication involving cases can be carried out.
2, the meeting should reflect the respect for the parties, as well as the equality of both sides. Such as scales, tones, etc. At the same time, different parties to the case should use different tone and expression when meeting.
3. During the meeting, in addition to understanding the content of interrogation, the parties should also know what lawyers can do and what role they play at this stage.
4. If the parties have conveyed their family members, they should be screened. If there is no risk or it is determined that there is risk, it shall be explained to the parties not to convey it, and if there is no risk, it may be conveyed.
Baidu Encyclopedia-Procedures for Public Security Organs to Handle Criminal Cases
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