The necessity of a lawyer s presence during the interrogation of a criminal suspect during the inves

I also don't think that the presence of a lawyer will do more harm than good, it is enough to have audio and video recordings, and the lawyer must have a certain ability to counter-interrogate the defender in order to clear the suspicion of the defender, and with this ability, under the cross-action of the court, it can meet the requirements of protecting the majority of people.

Legal Analysis: China's law does not currently stipulate that when interrogating a criminal suspect, a lawyer can accompany Liang to receive the interrogation. Interrogation of criminal suspects must be conducted by the public security organs or people's procuratorate's investigators.

In order to improve the efficiency of interrogation, ensure the quality of interrogation, prevent violations of law and discipline, and ensure the safety of interrogation, there should be no less than 2 investigators during interrogation.

Legal basis: Article 118 of the Criminal Procedure Law of the People's Republic of China: The interrogation of a criminal suspect must be conducted by investigators from the people's procuratorate or public security organs. During interrogation, there must be no less than two investigators.

After a criminal suspect is sent to a detention center for detention, investigators shall interrogate them in the detention center.

1. You can learn the most real facts of the case. When a lawyer meets a criminal suspect, he or she will obtain the most truthful and comprehensive information, and will judge the severity of the charges and the circumstances of the case based on these facts. One of the most important roles of the lawyer at this stage is to understand the case through the meeting, raise objections to the charges convicted by the investigating authorities, and provide legal basis.

2. Provide legal assistance directly to criminal suspects through meetings. Once the lawyer meets with him, he will explain in detail to the criminal suspect the relevant rights stipulated in the law, so that he will have a clear understanding of which practices of the investigating organs are legal and which are illegal, and that the criminal suspects themselves can refuse and resist the illegalities and will not bear the responsibility they should not bear because of the illegal operations of the investigating organs.

3. Through the meeting, you can learn what evidence the investigating agency has and finally determine the focus of investigation and evidence collection.

4. Submit legal opinions to the investigating authorities. If it is discovered that the investigating organ has extorted confessions by torture, that the detention period has been extended, that the conviction was incorrect, that the circumstances are obviously minor, that the circumstances are obviously minor, that the case be submitted to the investigating organ in the form of a legal opinion, that it be requested to make corrections, or that it be reported to the relevant organs.

5. Apply for release on bail pending further investigation for the criminal suspect. A lawyer's application for release on bail pending further investigation has a legal right from the date a criminal suspect is first interrogated or compulsory measures are taken, as many people say, and the latter can apply for bail pending further investigation. However, in practice, if a lawyer finds that the conditions for release on bail are met, he or she will raise it with the investigating agency or suggest it to the family.

1. How long after detention can I visit?

According to the provisions of the Criminal Procedure Law, a criminal suspect has the right to retain a defender from the date of the first interrogation or compulsory measures taken by the investigating organ, and can only retain a lawyer as the defender during the investigation. The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or take compulsory measures against the criminal suspect, they 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. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender. Where criminal suspects or defendants request to retain a defender for rotational training while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

In other words, after a client is detained, the client's family is not allowed to meet or visit the client, and only the lawyer entrusted by the client can meet with the client. According to the provisions of the Criminal Procedure Law, after the criminal suspect is interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken, he may hire a lawyer to provide him with legal advice, appeal, or accusation. The lawyer entrusted has the right to learn from the investigating organs about the crimes that the criminal suspect is suspected of, may meet with the criminal suspect in custody, learn about the circumstances of the case from the criminal suspect, and submit an application for release on guarantee pending further investigation to the investigating organ.

Lawyers do not have the right to be present when police, prosecutors, and other investigators interrogate suspects.

1. In criminal cases, several confessions should be recorded.

Criminal cases should be recorded several times** to be determined according to the specific facts of the case. There is no relevant law in China that clearly stipulates the number of times a confession can be recorded. According to the relevant regulations, when interrogating a criminal suspect, investigators shall first interrogate the criminal suspect whether he has committed a crime, ask him to state the circumstances of his guilt or the defense of his innocence, and then ask him questions.

2. What is the criminal investigation process?

The criminal investigation process is as follows: 1. During the interrogation of a criminal suspect, at least two or more investigators are required to participate; Criminal suspects who do not need to be arrested or detained may be summoned for interrogation; 2. Questioning witnesses of the case; 3. Go to the scene for inspection and inspection; 4. Conduct searches in relevant places; 5. Seizure of relevant evidence; 6. Appraisal of exhibits; 7. Wanted criminal suspects; 8. Complete the investigation.

III. What are the procedures for the public security organs' custodial summons enforcement units.

The procedures for enforcing the custodial summons of a public security organ are as follows: the public security organ shall present a custodial summons to a criminal suspect and order him to sign, affix a seal, and press his fingerprints on the custodial summons; After the criminal suspect is brought into the case, he shall be ordered to write the time of his appearance on the custodial summons card; At the end of the interrogation, they shall fill in the time of the end of the interrogation on the custodial summons card; Where the criminal suspect refuses to fill it out, investigators shall indicate this on the custodial summons card.

Article 118 of the Criminal Investigation and Procedure Law: The interrogation of a criminal suspect must be conducted by investigators of the people's procuratorate or public security organ. During interrogation, there must be no less than two investigators. After a criminal suspect is sent to a detention center for detention, investigators shall interrogate him or her in the detention center.

Article 123:When investigators interrogate criminal suspects, they may make audio or video recordings of the interrogation process; In cases where a sentence of life imprisonment or death might be given, or in cases of other major crimes, an audio or video recording shall be made of the interrogation process. The audio or video recording shall be conducted throughout the entire process, maintaining integrity.