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 takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. Therefore, in the stage of examination and prosecution, the parties can only entrust a lawyer as a defender, and the lawyer will be informed. If a criminal suspect fails to entrust a defender due to financial difficulties or other reasons, he and his close relatives may apply to the legal aid institution. Legal aid institutions shall appoint lawyers to defend them.
The process of prosecution:
1. Investigation and evidence collection: The parties shall investigate and collect evidence related to the case, including documentary evidence, physical evidence and witness testimony;
2. Drafting a complaint: The parties shall draft a complaint in accordance with the law, stating their claims, litigation facts and reasons. , and attach relevant evidence;
3. Submit a complaint: the parties shall submit a complaint to the people's court where the defendant has his domicile or where the incident occurred, and pay the litigation fees at the same time. The court shall issue a notice of acceptance to the prosecutor within five days from the date of receiving the complaint;
4. Defendant's defense: After receiving the complaint, the defendant shall make a defense within the statutory time limit, explain his opinions and opinions, and attach relevant evidence;
5. Trial: After the pre-trial preparation is completed, the court will arrange a trial. During the trial, the parties may debate, and the court may ask the parties or witnesses and consult the evidence.
6. Trial ruling: After trial, the court makes a judgment or ruling based on investigation and evidence collection, statements of the parties and existing evidence. Once a judgment or ruling is announced, it will take legal effect.
The conditions for prosecution are as follows:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
To sum up, it is suggested that the suspect entrust a lawyer in time after committing the crime and keep close contact with the lawyer.
Legal basis:
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC)
The principle of authority strictly abides by the principle of legal procedure, and the public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.