When can the defendant appoint a lawyer

Civil defense is available at any time, 1. Criminal defense is divided into three stages: 1. Legal services provided by lawyers in the investigation stage, and lawyers have the right to intervene in litigation after the criminal suspect is taken compulsory measures or the defendant is arraigned for the first time. Accept the entrustment of criminal suspects or their relatives during the investigation phase to provide legal assistance to criminal suspects; Submit reports, appeals, and accusations on behalf of others; Apply for bail pending further investigation for arrested criminal suspects.

2. Accept entrustment during the review and prosecution stage to provide legal assistance to criminal suspects; meeting and corresponding with criminal suspects in custody; consulting, copying, and reproducing the litigation documents and technical appraisal materials of the case; With permission or consent, investigate and collect evidence and collect materials related to the case. 3. Accept the entrustment to defend the defendant during the trial stage. have the right to collect evidence and apply to the people's court to collect or collect evidence, or to apply to the people's court to notify witnesses to appear in court to testify; There are many rights such as applying for an extension of the trial, asking questions during court investigations, cross-examining evidence, and raising objections.

2. Victims** and civil litigation attached to criminal cases**. Criminal law refers to the fact that in criminal proceedings, in addition to accepting the entrustment or designation to serve as the defender of the criminal suspect or defendant, the lawyer may also accept the client's entrustment to participate in the litigation as a person and exercise the client's procedural rights. In accordance with article 40 of the Code of Criminal Procedure:

"Victims of public prosecution cases and their legally-designated persons or close relatives, and parties to attached civil litigation and legally-designated persons, have the right to retain a litigant from the date on which the case is transferred for review for prosecution. The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time"。3. Private prosecution cases.

In criminal cases that are accepted only after a complaint is filed, both the plaintiff and the defendant may hire a lawyer for them. Parties or family members who need criminal legal assistance can contact Beijing Xiangying Law Firm. After the entrustment is confirmed, both parties sign a formal entrustment contract.

After the contract is signed, the lawyer officially starts working.

You can entrust it at any time after becoming a defendant.

Anytime, whenever you need to.

Civil can be at any time!

Legal analysis: Lawyers can generally appear in court on behalf of the plaintiff, except in divorce cases. If there is no identity relationship involved, the lawyer can have full powers**, and the parties can not appear in court.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 59 To entrust another person to litigate on behalf of the people, a power of attorney must be submitted to the people's court for the client to sign the name of the town or seal the imperial foundation. The power of attorney must specify the matters and authority of the entrustment.

The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.

Legal analysis: If a lawyer is hired for civil litigation, the parties can not appear in court. Except for divorce and other cases involving the personal relationship of the parties, which require the parties to appear in court, all others can be seen in court.

If another person is entrusted to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court.

Legal basis: Civil Code of the People's Republic of China

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. If it is necessary to change the client's instructions, it shall be subject to the consent of the client of the liquid cover; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.

Legal analysis: According to the provisions of China's Criminal Procedure Law, a criminal suspect can entrust a lawyer when he is interrogated for the first time, so a lawyer can be entrusted during the review and prosecution stage. When the investigating organ interrogates a criminal suspect for the first time or employs compulsory measures against a criminal suspect, it shall inform the criminal suspect that he or she has the right to retain a defender.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender.

Legal basis: Article 33 of the Criminal Procedure Law of the People's Republic of China: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons to serve as defenders. The following megabars of people may be appointed as defenders:

a) Lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants. Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.

1. When can the defendant retain a defender Public prosecution The time when a defender is retained in a case. The so-called "public prosecution cases" are, simply put, criminal cases in which the people's procuratorate is responsible for initiating litigation in the people's courts in accordance with the law, including cases investigated by the public security organs and cases investigated by the people's procuratorates. According to the provisions of the Criminal Procedure Law, if a public security organ finds it necessary to pursue criminal responsibility in a case where it is concluded that it is necessary to pursue criminal responsibility, the public security organ shall write a written opinion on prosecution and transfer it to the people's procuratorate at the same level for review and decision, together with the case file materials and evidence.

Therefore, when a case investigated by a public security organ is transferred to the procuratorate for review and prosecution after the investigation is completed, the criminal suspect may retain a defender, and the defender may begin to fully exercise the right to defend himself. After the investigation of a case directly accepted by the people's procuratorate is concluded, in accordance with the internal division of labor of the people's procuratorate, the department responsible for the investigation shall transfer the case file materials and evidence to the department responsible for review for prosecution for review and decision, and the criminal suspect may retain a defender from that point onwards. In order to truly protect the criminal suspect's right to be defended, the people's procuratorate shall inform the criminal suspect of his or her right to retain a defender within 3 days of receiving the case materials transferred for review for prosecution, regardless of whether the criminal suspect knows that the investigation has been concluded.

Therefore, after the investigation of a public prosecution case is concluded, the criminal suspect not only has the right to immediately retain a defender, but also has the right to have the people's procuratorate promptly inform him that he can retain a defender. II. Time Limit for the Defendant to Retain a Defender It should be noted that the time for retaining a defender in a private prosecution case is different from that for a public prosecution case. Let's take a look at the time when a defender is appointed in a private prosecution case.

According to the provisions of the Criminal Procedure Law, a defendant in a private prosecution has the right to retain a defender at any time. In criminal proceedings, criminal cases in which the victim directly files a lawsuit with the People's Round File Civil Court are private prosecution cases, including cases that are handled only after complaint; Minor criminal cases in which the victim has evidence to prove it; Cases where the victim has evidence of fraud showing that the defendant's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility. From the moment the private prosecutor files a lawsuit with the people's court, the defendant directly enters the trial stage of the people's court, and the defendant needs to be prepared to appear in court for trial.

There are three types of situations in which a defense can be entrusted: (1) According to Article 33 of the Criminal Procedure Law, a defendant in a private prosecution has the right to retain a defender to defend himself at any time. (2) Criminal suspects in public prosecution cases have the right to retain a defender from the date on which the case is transferred to the people's procuratorate for examination and prosecution.

In cases directly accepted by the people's procuratorate, the criminal suspect has the right to retain a defender from the date on which the criminal investigation department of the people's procuratorate transfers the case to the review and prosecution department. In this regard, the criminal suspect and his legally-designated ** person have the right to ask the organ responsible for the investigation of the case or the relevant people's procuratorate whether the investigation of the case has been completed or whether it has been transferred to the people's procuratorate for review and prosecution, and the relevant organs shall truthfully inform them. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender.

3) According to the provisions of Article 151, Paragraph 2 of the Criminal Procedure Law, if the defendant has not retained a defender in the first 10 days, the people's court shall inform the defendant that he may retain a defender, that is, the defendant has the right to retain a defender.

Article 33 of the Criminal Procedure Law provides that a person who is currently serving a criminal punishment or who has been deprived or restricted of his or her personal liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyers' or notary public's practice certificates revoked must not serve as defenders, except for those who are criminal suspects, guardians of those who have not been laughed at, or close relatives.