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Anonymous users2024-02-08A lawyer may be available during criminal detention. Article 34 of the Criminal Procedure Law: 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 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 he or she has the right to retain a defender to prosecute the case.
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 of the Criminal Procedure Law: 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, a lawyer can only be appointed as the 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 delicate 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 35: 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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Anonymous users2024-02-071. The right to meet with lawyers refers to the right that lawyers enjoy in accordance with law to meet with criminal suspects or defendants in the course of criminal proceedings.
2. In a criminal case, after a criminal suspect is detained in a detention center, only a lawyer is qualified to meet with the criminal suspect before the case is transferred to the people's procuratorate.
3. After a criminal suspect is detained in a detention center, there is no limit to the number of meetings with the defense lawyer, and as long as necessary, they can make an appointment to meet with the defense lawyer.
4. Where a defense lawyer requests a meeting with a criminal suspect or defendant in custody, the detention center shall promptly arrange for a meeting, but must not exceed 48 hours at the latest.
Legal basis] Article 39 of the Criminal Procedure Law, a defense lawyer may meet and correspond with a criminal suspect or defendant in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and correspond with detained criminal suspects or defendants who have been reformed.
Where a defense lawyer requests to meet with a criminal suspect or defendant in custody with a lawyer's practice certificate, a law firm certificate, a power of attorney, or an official legal aid letter, the detention center shall promptly arrange for a meeting, and must not exceed 48 hours at the latest.
In accordance with the provisions of article 264 of the Criminal Law: "Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given: (1) theft of financial institutions, where the amount is especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. >>>More
1. After the lawyer accepts the entrustment of the parties, the two parties will establish a service contract relationship. Lawyers shall handle matters entrusted by their parties with due diligence and handle litigation matters on their behalf. >>>More
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Specific procedural provisions on the handling of criminal cases by public security organs: >>>More
Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Administrative cases refer to administrative dispute cases in which citizens, legal persons, or other organizations believe that the administrative acts of a state administrative organ are illegal or improper, infringing upon their lawful rights and interests, and file a lawsuit in accordance with the procedures provided for in the Administrative Litigation Law, and the people's court will file and handle the case. For example, cases arising from administrative acts that infringe on the legitimate rights and interests of citizens, legal persons or other organizations such as demolition and urban management law enforcement. >>>More