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After accepting your commission, you can understand the facts of the case, and you can usually meet with the parties during the investigation stage.
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Article 33 of the Criminal Procedure Law stipulates that a criminal suspect has the right to retain a defender from the date of his first interrogation or compulsory measures 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 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.
From the above provisions, it can be seen that during the investigation stage, a lawyer can accept the entrustment of the family of a criminal suspect to defend the criminal suspect, and during the investigation stage, the lawyer can make an appointment to meet with the criminal suspect and learn about the relevant circumstances of the case from the public security organs.
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You can always pay attention to the lawyer.com or something.
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Legal basis: Civil Code of the People's Republic of China
Article 160 The civil juristic acts carried out by ** persons in the name of ** persons within the scope of their authority shall be effective against the ** persons.
Article 163: **Including entrustment** and statutory**.
The entrusting person shall exercise the right to exercise the right in accordance with the entrustment of the person being entrusted. The legal person shall exercise the right in accordance with the provisions of the law.
Article 171:Where the perpetrator does not have ** rights, exceeds ** rights, or has ** rights terminated, but still carries out ** conduct, and has not been recognized by the ** person, it is not effective against the ** person.
The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice. Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or request compensation from the actor for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized.
Where the counterpart knows or should know that the actor has no rights, the counterpart and the actor bear responsibility in accordance with their respective faults.
Article 172:Where the actor does not have ** rights, exceeds ** rights, or is promoted to ** after the *** rights are terminated, but still carry out ** conduct, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.
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Legal Analysis: Yes.
The defense lawyer can provide legal assistance to the criminal suspect during the investigation period; **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.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 36: Defense lawyers may provide legal assistance to criminal suspects during the investigation; **Complaints, accusations; apply for a modification of the compulsory measure; The group led the group to learn about the suspect's alleged crimes and the relevant circumstances of the case from the hidden limb investigation organs, and put forward opinions.
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Legal Analysis: Yes. The investigation stage generally refers to the beginning of the investigation by the investigating organ to the completion of the investigation and transfer of the case to the procuratorate for review for prosecution.
Criminal suspects are often detained in detention centers during the investigation phase, and no one other than lawyers and case-handling personnel, including family members, is allowed to meet with them.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 96: If people's courts, people's procuratorates, and public security organs discover that compulsory measures against criminal suspects or defendants are improper, they shall promptly revoke or modify them. Where the public security organs release the arrested person or modify the arrest measures, they shall notify the people's procuratorate that originally approved it.
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Summary. Hello dear dear, if it is a criminal case, the defense lawyer can meet with the suspect in custody from the date on which the suspect is subjected to compulsory measures, understand the facts of the case with the suspect through the meeting, and can also communicate with the investigating agency to understand the suspect's alleged crimes and the main facts of the crime, and can also put forward defense opinions on whether the suspect is guilty and the least minor, and can also apply for release on bail pending trial for the suspect. Therefore, in the investigation stage of a criminal case, the lawyer can understand the facts of the case.
However, from the date the case is transferred for review for prosecution, the lawyer can read the case file, and through reading the case file, he can have a more comprehensive understanding of the case facts.
Hello dear dear, if it is a criminal case, the defense lawyer can meet with the suspect in custody from the date on which the suspect is taken compulsory measures, understand the case with the suspect through the meeting, and can also communicate with the investigating agency to understand the suspect's alleged crimes and main criminal facts, and can also travel to Zhengyou to put forward defense opinions on whether the suspect is guilty and the least minor, and can also apply for release on bail pending trial for the suspect. Therefore, in the investigation stage of a criminal case, the lawyer can understand the facts of the case. However, from the date the case is transferred for review for prosecution, the lawyer can read the case file, and through reading the case file, he can have a more comprehensive understanding of the case facts.
Legal basis: Article 38 of the Criminal Procedure Law of the People's Republic of China (2018 Revision): Defense lawyers may provide legal assistance to criminal suspects during the investigation; **Complaints, accusations; Yuanzheng applied for a change in the compulsory measures; Learn about the criminal suspect's alleged crimes and the relevant circumstances of the case from the investigation organs, and submit opinions.
Article 50 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs (2020 Revision): Where a defense lawyer learns from the public security organs about the circumstances of the case, the public security organs shall lawfully inform the defense lawyer who accepted the retention or appointment of the defendant of the charges against the criminal suspect, the main facts of the crime that had already been ascertained at the time, the compulsory measures taken, modified, or lifted by the criminal suspect, and the extension of the period of detention for investigation, and this is to be recorded in the case file.
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Legal Analysis: In suspected criminal cases, only lawyers are allowed to meet with criminal suspects before the verdict takes effect. Family members may consider entrusting a lawyer to meet with the criminal suspect in the detention center, earnestly understanding the specific circumstances of the entire case, and learning about his confession to the public security organs.
After the lawyer's meeting, make a judgment on the circumstances of the crime, promptly provide legal assistance to him, and apply for release on bail pending further investigation; If the case is transferred to the procuratorate or court, the defense lawyer may go to the procuratorate or court to read the case file, collect the confessions, documentary evidence, physical evidence, and other relevant evidence of the criminal suspect and other co-defendants charged by the investigating organ, and draw up a defense plan after in-depth research.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 35: The responsibility of a defender is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the reduction or exemption of criminal responsibility on the basis of the facts and the law, and to preserve the procedural rights and other lawful interests of the criminal suspect or defendant.
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Legal Analysis: Number of Rolls.
OK. Defense lawyer Qi Zhi 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.
Legal basis: "Criminal Procedure Law of the People's Republic of China" 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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