What are the rights of the defence lawyer during the investigation

Updated on society 2024-02-28
4 answers
  1. Anonymous users2024-02-06

    Legal analysis: the rights of lawyers in the investigation stage: 1. They can provide legal assistance to criminal suspects; 2. The right to meet and communicate with criminal suspects or defendants who are in custody; 3. The defense lawyer Changling will not be monitored when meeting with criminal suspects or defendants; 4. With the consent of witnesses or other relevant units and individuals, the defense lawyer may collect materials related to the case from them.

    Legal basis: Lawyers Law of the People's Republic of China

    Article 33: Where lawyers serve as defenders, they have the right to meet with criminal suspects or defendants in custody or under residential surveillance in accordance with the provisions of the Criminal Procedure Law with their lawyers' practice certificates, law firm certificates, and power of attorney, or official legal aid letters. Defense lawyers are not to be monitored when meeting with criminal suspects or defendants.

    Article 34: Where lawyers serve as defenders, they have the right to consult, copy, or reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution.

    Article 35: As needed by the circumstances of the case, retained lawyers may apply to the people's procuratorate or people's court to collect or collect evidence, or apply to the people's court to notify witnesses to appear in court to testify. Where lawyers conduct their own investigation and collect evidence, they may investigate circumstances related to undertaking legal affairs from relevant units or individuals on the basis of their lawyers' practice certificates and law firm certificates.

    Article 36: Where lawyers serve as litigants or defenders, their right to debate or defend is protected in accordance with law.

  2. Anonymous users2024-02-05

    1. Bridge excavation can provide legal assistance for criminal suspects; **Complaints, accusations; apply for a modification of the compulsory measure; The right to learn from the investigating authorities about the alleged crimes of the criminal suspect and the relevant circumstances of the case, and to submit opinions;

    2. The right to meet and communicate with criminal suspects or defendants in custody;

    3. Defense lawyers are not to be monitored when meeting with criminal suspects or defendants;

    4. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them.

    The difference between reconnaissance and reconnaissance is as follows:

    1. Reconnaissance is a military act, an action taken to obtain information about the enemy in connection with the military struggle. Its main means include observation, eavesdropping, espionage, search, assassination, interception, capture of prisoners of war, espionage reconnaissance, combat reconnaissance, photographic reconnaissance, radar reconnaissance, radio interception and direction finding, investigation and inquiry, and collection of documents and materials.

    2. Investigation is a kind of legal act, which refers to the special investigation work and relevant compulsory measures carried out by statutory organs in the course of handling criminal cases for the purpose of collecting criminal evidence, arresting criminal suspects, and exposing and confirming crimes. Its main methods include interrogation, inquiry, inquest, inspection, search, seizure of physical or documentary evidence, identification, and wanted notices.

    Legal basisArticle 33 of the Criminal Procedure Law of the People's Republic of China.

    Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

  3. Anonymous users2024-02-04

    1. Can provide legal assistance to criminal suspects; **Complaints, accusations; apply for a modification of the compulsory measure; The right to learn from the investigating authorities about the alleged crimes of the criminal suspect and the relevant circumstances of the case, and to submit opinions;

    2. The right to meet and communicate with criminal suspects or defendants in custody;

    3. Defense lawyers are not to be monitored when meeting with criminal suspects or defendants;

    4. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them in a hidden manner.

    Legal basis: Criminal Procedure Law of the People's Republic of China Article 33: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

  4. Anonymous users2024-02-03

    1. It can provide legal defense assistance for criminal suspects; **Complaints, accusations; apply for a modification of the compulsory measure; The right to learn from the investigating authorities about the alleged crimes of the criminal suspect and the relevant circumstances of the case, and to submit opinions;

    2. The right to meet and communicate with criminal suspects or defendants in custody;

    3. Defense lawyers are not to be monitored when meeting with criminal suspects or defendants.

    4. With the consent of witnesses or other relevant individuals and individuals, the defense lawyer may collect materials related to the case from them.

    Article 38 of the Criminal Procedure Law.

    Defense lawyers may provide legal assistance to criminal suspects during investigations; **Complaints, accusations; apply for a modification of the compulsory measure; Learn from the investigating organs about the criminal suspect's alleged crimes and the relevant circumstances of the case, and submit opinions.

    Article 39.

    Defense lawyers may meet and communicate with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with criminal suspects or defendants in custody.

    Article 40. Defense lawyers may consult, copy, and reproduce case file materials from the date on which the people's procuratorate reviews the case for prosecution. With the permission of the people's courts and people's procuratorates, other defenders may also consult, copy, or reproduce the materials described above.

    Article 41.

    Where defenders feel that evidence materials collected by the public security organs or people's procuratorates during the period of investigation or review for prosecution to prove that the criminal suspect or defendant is not guilty or that the crime is minor, they have the right to apply to the people's procuratorate or people's court to collect it.

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