When can lawyers intervene in criminal cases?
1. In criminal cases, lawyers can start to intervene from the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken.
2. During the investigation, only lawyers can be entrusted as defenders.
3. The defendant has the right to entrust a defender at any time.
4. Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 34 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 compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
Second, what are the stages of lawyers' involvement in criminal cases?
1, investigation stage
(1) The criminal lawyer asks the investigation organ about the alleged crime of the criminal suspect;
(2) Meeting with the criminal suspect in custody and providing legal aid to the criminal suspect;
(3) To lodge a complaint or report on behalf of a criminal suspect;
(4) The criminal suspect is released on bail pending trial.
2. Review and prosecution stage
(1) The criminal lawyer meets the criminal suspect in custody to learn about the case;
(2) To consult, extract and copy the litigation documents and technical appraisal materials in this case;
(three) to apply for bail pending trial, and to request the cancellation or change of compulsory measures;
(4) applying for the people's procuratorate to collect and obtain evidence from witnesses provided by criminal suspects or other relevant units and individuals, and investigating and collecting relevant materials in this case;
(five) put forward a written defense opinion that the criminal suspect is innocent, the crime is light, or his criminal responsibility is reduced or exempted;
3. Trial stage
(1) Criminal lawyers go to the people's court to consult, extract and copy the case materials;
(2) Meeting with the defendant in custody;
(3) Investigating and collecting evidence related to the case according to law;
(4) Participate in court investigations and court debates and submit written defense opinions.
(5) Listen to the defendant's opinions on the judgment and give legal help.
In criminal cases, lawyers play different roles at different stages. In criminal cases, lawyers' intervention includes three stages: criminal investigation, examination and prosecution, and public prosecution trial, but lawyers play a very important role in each stage. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.