What Is a Misdemeanor Attorney?

The right of lawyers to meet refers to the right of lawyers to meet with criminal suspects and defendants in the process of criminal proceedings. The right of lawyers to meet is an extremely important right of lawyers in criminal proceedings. This right of the lawyer comes from two aspects, one is the authorization based on the trust relationship, and the other is the right based on the legal status of the lawyer. The former is premised on the authorization of the client's rights, the purpose of which is to make up for the inadequacy of the defendant's ability to defend when restricted personal freedom. The latter are rights conferred by law on the legal status of lawyers. Meeting with a criminal suspect or defendant is an important task for lawyers to provide legal assistance and defense to criminal suspects and defendants. It is an important part of lawyers' participation in criminal proceedings and the exercise of their defense rights. Through the interview, the lawyer learned about the suspects and defendants 'alleged crimes and the relevant case situation, and heard the suspects or defendants' opinions and reasons for the allegations, so as to better provide legal assistance to the suspects. Better defend criminal suspects and defendants.

Right to interview

Right!

The right of lawyers to meet means that in the process of criminal proceedings, lawyers are entitled to meet criminal suspects,

The lawyer's right to meet has the following characteristics:

1. The right of lawyers to meet is the prerequisite for lawyers to realize other litigation rights in criminal proceedings. Lawyers have many rights in criminal litigation activities, such as accepting the commission of criminal suspects during the investigation stage of criminal litigation cases to provide them with legal assistance;

The right of the lawyer to meet at different stages of the proceedings:

1. The lawyer's right to meet during the investigation stage.

This stage is divided into different situations depending on whether the criminal suspects have been subjected to compulsory measures and the types of compulsory measures taken: First, to meet with criminal suspects who are not in custody; this situation does not require the approval of the investigating agency, and the trusted lawyer has the right to meet directly crime suspect. The second is to meet the criminal suspects in custody; after the criminal suspects are first interrogated by the investigating agency or the date of taking coercive measures, when the trusted lawyer meets the criminal suspects in custody, the investigating agency may dispatch staff according to the circumstances and needs of the case. Presence; for cases involving state secrets, the lawyer's meeting should be approved by the investigating agency [6]. The third is to meet with the criminal suspects under surveillance, and the trustee must be approved by the public security organ or the People's Procuratorate, because Article 75 of the Criminal Procedure Law stipulates that criminal suspects under surveillance must not meet with others without the approval of the enforcement agency. . Lawyers have the right to know the suspect's alleged crimes, the circumstances of the case, the circumstances and deadlines for the coercive measures taken by the investigating agency, and whether investigators have used torture to confess or threatened, seduced or deceived them when they met during the investigation stage. Method to collect evidence and other illegal acts from them. Lawyers have the right to provide legal advice to criminal suspects, such as the physical problems of the alleged crimes, and the rights and obligations of the criminal suspects during the investigation process; they have the right to act on behalf of their complaints and complaints; if entrusted Lawyers believe that they should not be investigated criminally, and they can appeal on their behalf and ask the investigating agency to withdraw the case; if they find that the investigators have violated the citizen's litigation rights and personal insults, they can file a complaint on behalf of the criminal suspects; The right to apply for lifting or changing mandatory measures.

2. Examine the lawyer's right to meet during the prosecution stage.

During the review and prosecution stage, lawyers began to appear as defenders. The Criminal Procedure Law did not restrict the defense lawyers from meeting with the criminal suspects (except for those who live under surveillance). As long as they have the status of defense lawyers, they have the right to meet with detainees. Criminal suspects do not need the approval of the procuratorial organs, and the procuratorial organs do not send staff to the scene when they meet. At this stage, lawyers have the right to inquire about the facts of the case, to hear the statements and excuses of the criminal suspect when they meet the criminal suspect; to have the right to check materials that prove that the criminal is guilty, not guilty, light, serious. Whether a person has new witnesses, physical evidence and evidence clues; he has the right to know the circumstances of the case from the criminal suspect, such as the length of detention, whether he has been tortured by torture, whether he has been detained with the case, or the property has been frozen. Defence lawyers have the right to submit to the People's Procuratorate a defense opinion proving that the criminal suspect is not guilty, less guilty or mitigating or exempting him from criminal responsibility. For those who should not be investigated for criminal responsibility, it is recommended that the People's Procuratorate make a decision not to prosecute. If any property is seized or frozen with the case, after the decision to prosecute, the people's procuratorate has the right to ask the People's Procuratorate to release it. If the period of detention exceeds the statutory period, they have the right to ask for the lifting or change of the compulsory measures. If the case handler has committed illegal acts such as torture by confession, he has the right to sue.

3. Contents of the lawyer's meeting at the trial stage

Except for the defendant under surveillance during the trial phase, defense lawyers should not be subject to any restrictions in meeting with the defendant, no certificate should be issued by the people's court, and no people's court or detention center should be present. The lawyer has the right to ask the defendant to ask whether the defendant agrees to be his defender and to further determine the entrusted relationship; to have the right to hear the defendant's self-defense opinion and inform the defendant of the lawyer's defence opinion; Evidence and clues for crimes, minor crimes, or mitigating or exempting them from criminal responsibility; they have the right to inform them of their trial procedures, their rights, etc. Lawyers can investigate according to the law, collect relevant evidence, participate in criminal trials, and defend the defendant in accordance with the law in order to safeguard the defendant's legitimate rights and interests.

Legal protection of lawyer's right to meet

At present, the legal provisions on the right of lawyers to meet in China are mainly reflected in the Criminal Procedure Law, Lawyers Law, and the relevant provisions of the Public Prosecutors, Procuratorates, Law Departments, and the National People s Congress Law and Work Commission. These regulations create the right for lawyers to meet their rights. Conditions and guarantees. According to the aforementioned laws, the legal guarantee for lawyers to realize the right to meet is mainly reflected in the following aspects:

(1) The right to meet with criminal suspects who are not involved in state secret cases during the investigation stage:

If a lawyer proposes to meet with a criminal suspect who does not involve a state secret case during the investigation stage, the lawyer proposes that the interview request should be arranged by the investigating agency instead of approval. A lawyer's request for a meeting is a right conferred by the law on the lawyer. As the counterparty's investigating agency who exercises this right, arranging a lawyer's meeting after receiving a letter from the lawyer's request for a meeting is a legal obligation that must be fulfilled. There is no lawyer's meeting It must be approved by the investigating authority, let alone the right to approve a lawyer's meeting is the investigating authority. After the lawyer makes a request for an interview, the investigating authority shall make timely arrangements. According to the regulations of the six ministries and commissions, if the lawyer proposes to meet the criminal suspects, the investigating agency should arrange a meeting within 48 hours. For the crime of organizing, leading, participating in underworld organizations and organizing leaders to participate in terrorist activities or the crime of smuggling, drug crimes, corruption For bribery crimes and other complex and complicated joint criminal cases involving two or more people, the lawyer's investigating agency who proposed to meet the suspect should arrange a meeting within 5 days [7].

(2) Whether the investigating authority can send personnel to the scene when meeting the suspect in custody:

Where a lawyer proposes to meet with a suspect in custody during the investigation stage, the investigating agency may send personnel to the scene according to the circumstances and needs of the case. If the lawyer meets with the suspect or defendant in custody during the examination and prosecution stage and trial stage, the relevant departments shall not send staff to the scene.

(3) The right of lawyers at the investigative stage to understand the case from the criminal suspect:

During the investigation stage, the lawyer met the criminal suspect during the investigation phase, and he could learn about the case from him, including the crimes charged by the investigating agency, the main facts and circumstances of the case, and the defendant's innocence and guilty justification. In this way, the investigating authority must not interfere, let alone prevent the lawyer from understanding the case with the criminal suspect on the grounds that the case is still under investigation.

(4) Relevant departments cannot limit the time and number of meetings with lawyers:

Where lawyers meet with criminal suspects or defendants at all stages of criminal proceedings, the relevant departments are obliged to facilitate the meeting of lawyers, including simplifying the meeting procedures, arranging meeting places, and should not limit the time and number of meeting of lawyers.