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The content of article 173 of the Criminal Procedure Law includes: 1. When the people's procuratorate reviews a case, it shall interrogate the criminal suspect and hear the opinions of the defender or duty lawyer, the victim and his litigant; 2. Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall inform them of their procedural rights and legal provisions.
Criminal Procedure Law, Article 100 Hongsui 73: When reviewing a case, the people's procuratorate shall interrogate the criminal suspect, hear the opinions of the defender or duty lawyer, the victim and his litigant, and record this in the case file. Where defenders or duty lawyers, victims, and their litigants submit written opinions, they shall be attached to the case file. Where criminal suspects admit guilt and accept punishment, the people's procuratorate shall inform them of their procedural rights and the legal provisions for admitting guilt and accepting punishment, and hear the opinions of the criminal suspect, defender or duty lawyer, victims, and their litigants on the following matters, and record them in the case file:
1) The facts of the alleged crime, the charges, and the applicable legal provisions; (2) Recommendations for lenient punishments such as mitigating, commuting, or waiving punishments; (3) The procedures to be applied at trial after admitting guilt and accepting punishment; (4) Other matters that need to be heard.
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Article 261 of the Criminal Law is the crime of abandonment, and a person who is old, young, sick, or otherwise incapable of independent living who has an obligation to support him or her and refuses to support him, and the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release.
Article 261 of the Criminal Law of the People's Republic of China [Crime of Abandonment] Where a person who is old, young, sick, or otherwise incapable of independent living has an obligation to support but refuses to support him, and the circumstances are heinous, a sentence of up to five years imprisonment, short-term detention, or controlled release is to be given.
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Articles 33 and 34 of the Code of Criminal Procedure deal with the appointment and appointment of a guardian of the number of defenders. What is Section 267 about? Provisions on the designation of a defender for juvenile criminal suspects or defendants.
The Code of Criminal Procedure is a procedural law and has nothing to do with what crime or sentence is imposed. The criminal law stipulates how the defendant's conduct is to be convicted and sentenced. 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 criminal suspects or defendants request to retain a defender during their detention rotation or interval, the people's courts, people's procuratorates, and public security organs shall promptly convey their requests. 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. Article 267:Where juvenile criminal suspects or defendants 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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