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After a criminal suspect is criminally detained, he or she can ask a lawyer to intervene.
During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time. The early intervention of a lawyer in a case will give him ample time to familiarize himself with the case, prepare well and provide a strong defense, and the more he intervenes, the more passive he becomes.
According to article 34 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; During the investigation, only a lawyer can be appointed as a defender.
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A lawyer can be hired. It is recommended that the case go to the court and then hire a lawyer, and other stages will not be of much use.
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.
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 they have 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.
Article 34: Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, they and their close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.
Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
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Criminal defense lawyer, during criminal detention, can you hire a lawyer! (1)
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If a lawyer is hired, the lawyer may be able to do so under the amended Lawyers Law
Meet with people in criminal custody. Article 33 of the "Lawyers Law": On the date on which a criminal suspect is first interrogated by the investigating organ or compulsory measures are employed, the retained lawyer has the right to meet with the criminal suspect or defendant and learn about the circumstances of the case on the basis of the lawyer's practice certificate, law firm certificate, power of attorney, or official legal aid letter. Lawyers meeting with criminal suspects or defendants are not to be monitored.
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a) Criminal detention may be released on bail as long as the conditions for release on bail are met. Bail, known as release on bail pending further investigation in China, refers to a criminal compulsory measure whereby the investigative, prosecuting and adjudication organs, in the course of criminal proceedings, order a person who has been criminally prosecuted but is not in criminal custody to evade investigation, prosecution and trial, or to pay a guarantee or issue a letter of guarantee to ensure that he is always on track.
b) Residual legal conjecture.
c) Article 67 of the Criminal Procedure Law of the People's Republic of China.
d) People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
e) (1) Where a controlled release, short-term detention, or supplementary punishment might be independently applied;
(2) Where a sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation would not cause danger to society;
g) (3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
h) (4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to obtain release on guarantee pending further investigation.
i) Release on guarantee pending further investigation is to be enforced by the public security organs.
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Summary. First, having the help of a lawyer ensures that the rights of detainees are protected. A lawyer can provide legal knowledge and advice to the detainee and ensure that there is no abuse of power in the exercise of the detaining powers.
In some countries, detainees have the right to be accompanied by a lawyer. Second, during the interrogation, a lawyer can assist the detainee in navigating complex legal proceedings and procedural issues. Many of the detainees are unfamiliar with legal procedures and procedures and therefore need the help of a lawyer.
Finally, having the help of a lawyer can increase the detainee's chances of defending himself or her in court. A lawyer can help them prepare defense materials, find evidence, and defend it.
Need. I'm sorry I don't understand, but can you elaborate on that?
First, having the help of a lawyer ensures that the rights of detainees are protected. A lawyer can provide legal knowledge and advice to the detainee and ensure that the power of detention is not overused in the exercise of the detention power. In some countries, detainees have the right to be accompanied by a lawyer.
Second, during the interrogation, a lawyer can assist the detainee in navigating complex legal proceedings and procedural issues. Many of the detainees are unfamiliar with legal procedures and procedures and therefore need the help of a lawyer. Finally, having the help of a lawyer can increase the detainee's chances of defending himself or her in court.
A lawyer can help them prepare defense materials, find evidence, and defend it.
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A lawyer may be hired during criminal detention. Criminal suspects have the right to retain a lawyer as a defender to protect their rights from the date on which they are first interrogated or on which the investigating authorities take compulsory measures.
In accordance with the provisions of paragraphs 1 and 2 of article 34 of the Criminal Procedure Law, criminal suspects have the right to retain a defender from the date of the first interrogation or the date on which compulsory measures are taken by the investigating organ; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.
When investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against a criminal suspect, they shall inform the criminal suspect that he or she has the right to retain a defender.
Article 34, paragraphs 1 and 2, of the Code of Criminal Procedure.
From the date of the first interrogation or the date on which the investigating organ takes compulsory measures, the criminal suspect has the right to retain a defender; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.
When investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against a criminal suspect, they shall inform the criminal suspect that he or she has the right to retain a defender. The people's procuratorate 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. 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 a suspect or defendant who has committed a crime requests to retain a defender during detention, the People's Law Reform Court, the people's procuratorate, and the public security organs shall promptly convey it.
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Legal analysis: During the period of criminal detention, a lawyer can be hired, and after a lawyer is hired, the defense lawyer can provide legal assistance to the criminal suspect, ** appeal, accusation, apply for modification of compulsory measures, and report to the investigation machine to clear the customs to understand the suspect's suspected crimes and the relevant circumstances of the case, and put forward opinions.
Legal basis: Article 38 of the Criminal Procedure Law: 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.
Article 39 of the Criminal Procedure Law: 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. When a defense lawyer meets with a criminal suspect or defendant in custody, they may learn about the circumstances of the case and provide legal advice; From the date on which the case is transferred for review for prosecution, the criminal suspect or defendant may be given evidence that has been substantiated before the verdict is made.
Defense lawyers are not to be monitored when meeting with criminal suspects or defendants.
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