1. What can lawyers do when they participate in the review and prosecution stage?
(1) The lawyer accepts the entrustment.
1, lawyer intervention time: From the date when the case is transferred to the procuratorate for review and prosecution, a lawyer can be hired to provide defense.
2. The lawyer handles the case acceptance procedures.
(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 to file and one for the client to keep;
(3) According to the official letter, the lawyer of the law firm shall send it to the case-handling organ.
(2) Contact with public prosecution organs
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 communication
1. At the stage of examination and prosecution, the defense lawyer can meet the criminal suspect at any time without the approval of the procuratorial organ.
2. Defense lawyers can communicate with criminal suspects, but the content should be related to the case.
3. When a lawyer meets a criminal suspect, he can learn the following information:
(1), the natural situation of the suspect;
(2), whether to participate in and how to participate in suspected cases;
(3) The main facts and circumstances involved in conviction and sentencing or the plea of innocence.
(four), apply for bail for criminal suspects.
1. The criminal suspect in custody or his legal representative or near relative requests a lawyer to apply for bail pending trial for the criminal suspect. If the lawyer considers that the legal conditions are met, he may apply for bail pending trial on his behalf.
2. When a lawyer applies for obtaining a guarantor pending trial, he shall apply to the relevant authorities. The application shall specify the facts, reasons and guarantee methods of the application, and indicate the name of the law firm, lawyer's name, mailing address and contact information, etc.
Second, the relevant laws and regulations:
Criminal procedure law
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
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.
Article 41 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 42 The evidence collected by the defender that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, shall promptly inform the public security organ and the people's procuratorate.
Article 43 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 44 A defender or other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.
Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
Article 45 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.
To sum up, the stage of examination and prosecution means that the case has not yet been decided. As long as at this stage, you can ask a lawyer to defend yourself. Lawyers can not only consult relevant cases, but also use their professional knowledge to win lawsuits for themselves, but only if they have legal evidence.