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After receiving a detention notice from a loved one, the family member promptly appoints a defense lawyer, and at the same time, they can also go to the detention center to send some clothes or cash to the loved one.
After receiving a notice of criminal detention from your loved one, it means that your loved one has been suspected of a criminal offense and has been criminally opened and criminal coercive measures have been taken. A defence lawyer should be appointed in a timely manner. Lawyers may go to the detention center to meet with the parties, learn about the circumstances of the case, and provide legal assistance to the criminal suspect; **Complaints, accusations; Application for modification of compulsory measures, etc.
Code of Criminal Procedure
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 employed; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.
Article 36: Defense lawyers may provide legal assistance to criminal suspects during the investigation; **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.
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Family members shall retain a lawyer to intervene and provide professional legal assistance to the arrested person.
Receipt of the detention notice means that the public security organs have preliminarily determined that the conduct of the person involved in the case has reached the standard of a crime, and should investigate his corresponding criminal responsibility. Family members shall retain a lawyer to intervene and provide professional legal assistance to the arrested person.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 93 When a public security organ arrests a person, it must present an arrest warrant. After arrest, the arrested person shall be immediately sent to the detention center for detention.
Except where there is no way to give notice, the family of the arrested person shall be notified within 24 hours of the arrest.
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After receiving the detention notice, the relatives may handle it in the following ways: (1) The family shall confirm whether the criminal suspect is criminally detained or administratively detained. Administrative detention generally does not exceed 15 days, and for criminal detention, after the family confirms that it is criminal detention according to the notice, they can learn about the crime the offender is suspected of, the place where he is being held, the unit to which the person in charge of the case belongs, and the name of the person handling the case.
2) They shall immediately get in touch with a lawyer, retain a lawyer to intervene, meet with the criminal suspect to understand the circumstances of the case, and provide a defense. So what about going to ** to find a defense lawyer? You can go to a law firm to find a defense lawyer, or you can seek help from a local legal aid center if you are eligible.
When looking for a lawyer, you should look at the following aspects: 1. Find a certificate. Check the lawyer's practice certificate, which is the basic document for the lawyer's practice, from which you can see the lawyer's practice time and the law firm where he practiced.
2. Read the introduction. You can learn about the lawyer's experience, educational experience, social position, expertise, etc. from the lawyer's personal profile. 3. Evaluate ability.
Look at the lawyer's professional career, the number of cases accepted, especially the number of major cases, and which specialized cases are handled; Look at the number of judgments in favour; Understand the comprehensive abilities of lawyers, such as professional ability, analytical ability and social energy. To sum up, after receiving the detention notice, the family should go to the law firm or legal aid center to find a lawyer to understand the relevant case facts in a timely manner, and when looking for a lawyer, the lawyer's ability should be assessed, and the lawyer must be found in the relevant profession, so that the case can be handled more smoothly, and within the limit, the maximum rights and interests of their family members can be sought, do you understand? , Legal basis:
Article 34 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 organ or on which compulsory measures are taken; During the investigation, only Ritsu Ran Kongsen can be appointed as a defender. 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 employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have 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 he or she has the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.
Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf. After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.
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Legal analysis: As soon as possible, entrust a lawyer to help meet with him, understand the progress of the case, and help apply for bail pending trial and defense.
Legal basis: Article 82 of the Criminal Procedure Law of the People's Republic of China The public security organs may detain current offenders or major suspects in advance under any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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