In the investigation stage, after the public security organs, people's procuratorates and other investigating legal organs interrogate the criminal suspect for the first time or take compulsory measures, lawyers can accept the employment of the criminal suspect or his relatives, or other people entrusted by the criminal suspect to provide legal advice to the criminal suspect. If a criminal suspect is extorted by torture or detained for an extended period of time, he has the right to appeal and accuse on his behalf. If a criminal suspect is detained, he may apply for bail pending trial.
1. After accepting the entrustment, the lawyer got in touch with the investigation organ, asked the investigation organ about the alleged charges of the criminal suspect, and put forward specific requirements for meeting the criminal suspect in time.
2. When a lawyer meets a criminal suspect, he can ask him about the case.
3, the lawyer met with the suspect to provide legal advice, including the following contents:
(1) Legal provisions on the conditions, duration and applicable procedures of compulsory measures;
(two) the legal provisions for the withdrawal of investigators, prosecutors and judges;
(3) The criminal suspect has the obligation to answer the investigators' questions in time and has the right to refuse to answer questions irrelevant to the 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;
(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;
(6) The right of defense enjoyed by the criminal suspect;
(7) The right of appeal and accusation enjoyed by criminal suspects;
(8) the relevant provisions of the criminal law on the suspected charges of criminal suspects;
(9) relevant provisions of the criminal law on surrender and meritorious service;
(10) Legal provisions on investigation jurisdiction of criminal cases;
4. Apply for bail pending trial for the criminal suspect.
Lawyers can apply for bail pending trial if they believe that the detained criminal suspect meets the conditions of bail pending trial after learning about the charges charged by the criminal suspect from the investigation organ and meeting with the criminal suspect;
(1) The circumstances involved by the criminal suspect comply with Article 5 1 of the Criminal Procedure Law;
(2) The criminal suspect is seriously ill;
(3) The criminal suspect is pregnant or breastfeeding his own baby;
(4) The detention or arrest measures taken by the investigation organ against the criminal suspect exceed the statutory time limit;
5. Acting as an agent for complaints and allegations
According to the charges charged by the criminal suspect and the case information of the criminal suspect, the lawyer may accept the entrustment of the criminal suspect and lodge a complaint with the relevant authorities on his behalf, demanding correction.
2. Acting as a defender or agent ad litem at the prosecution stage.
After a criminal case is transferred from the investigation organ to the people's procuratorate for examination and prosecution, a lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends as a defender.
1. Lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials of this case.
2. The defense lawyer has the right to meet the criminal suspect and to correspond with the criminal suspect.
3. Lawyers have the right to investigate and collect relevant materials of this case.
4. Lawyers, as defenders and agents ad litem, have the right to put forward opinions to the people's procuratorate on the defense and agency of this case according to Article 139 of the Criminal Procedure Law.
5. In the stage of examination and prosecution, if the criminal suspect is detained for an extended period of time, the defense lawyer has the right to demand the release or change the compulsory measures according to law, and obtain bail pending trial. If a criminal suspect suffers personal injury or personal humiliation, the defense lawyer has the right to lodge a complaint on behalf of the criminal suspect.
6. If the people's procuratorate makes a decision not to prosecute and the person who is not prosecuted refuses to accept it, after the person who is not prosecuted receives the decision, the defense lawyer may lodge a complaint with the people's procuratorate on his behalf.
7. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, the attorney may appeal to the people's procuratorate at the next higher level within seven days after the victim receives the decision. After the complaint is rejected, you can bring a lawsuit to the people's court on your behalf, or you can bring a lawsuit directly to the people's court without appealing.
Three, as the first instance defender of public prosecution cases.
After the people's procuratorate brings a lawsuit to the people's court, the defendant or his relatives and friends may entrust a lawyer to act as the defendant's defender.
1. After accepting the entrustment, the lawyer shall examine whether the case belongs to the jurisdiction of the court accepting the case. If we find that our jurisdiction is improper, we have the right to make a written request to our court to withdraw the lawsuit or transfer it.
2 lawyers have the right to consult, extract and copy the case materials of the people's court. When consulting the case materials, lawyers have the right to apply to the people's court to inform the procuratorial organs to supplement the transfer if they find that there are no materials that the procuratorial organs must transfer according to law.
3. Lawyers have the right to meet the defendant, listen to the defendant's statements and excuses, and verify the case and evidence materials; Understand whether the defendant has been detained for an extended period of time and whether his legitimate rights and interests have been damaged. Introduce the court trial procedure to the defendant, and inform the defendant of his litigation rights, obligations and precautions during the trial.
At the trial stage, lawyers can investigate and collect evidence related to the case according to the actual situation.
5. Lawyers appear in court according to law, participate in court investigations and court debates, and safeguard the legitimate rights and interests of defendants.
6. After the judgment of first instance, the lawyer has the right to obtain the judgment. During the appeal, the lawyer can meet the defendant, listen to his opinions on the content of the judgment and whether to appeal, and give legal help.