The Ministry of public security "of lawyers in the investigation stage provisions" in criminal litigation activities

  • Created:
  • / Author: Aaron Lewis
 
Article 1 in order to safeguard the legitimate rights of criminal suspects, protect the lawyer perform investigation activities and the public security organs smoothly, "according to the relevant provisions of the criminal procedure law of the people's Republic of China" and the "Lawyers Law of the people's Republic", the enactment of this provision.

Article second the public security organs shall safeguard the legal practice of lawyers in the investigation stage, to participate in criminal litigation convenience.

Article third the public security organ for the first time the interrogation of criminal suspects or to take coercive measures to date, it shall inform the criminal suspect has the right to hire a lawyer to provide legal advice, acting for the complaint, accusation; if the criminal suspect is under arrest, hired a lawyer to apply for bail.

 
Article fourthThe entrusted lawyers in the investigation stage of the public security organ may engage in the following business:
(a) to the public security organ about the crime suspected of;
(two) met the suspect, the suspect about the circumstances of the case, in accordance with the law for criminal suspects to provide legal advice;
(three) sued for criminal suspects, represent appeal;
(four) application for bail for the arrested suspect.

 
Fifth suspects in custody for lawyers, it shall file an application, the public security organ shall record, and within three days after receiving the application materials to the relevant department or the criminal suspect's lawyer, the legal agent or family unit.

 
Article sixth for cases involving state secrets, the criminal suspect or his legal representative put forward to hire a lawyer, the public security organ shall, within three days of the decision to approve or not by the public security organ at or above the county level, and inform the criminal suspect or his legal agent.

 
Article seventh the criminal suspect may own lawyers, can also be entrusted to their families, the legal agent or agency for hire.
The suspect is a minor or blind, deaf, dumb, can by the legal agent to hire a lawyer.

 
The eighth article of the law to meet the suspects need to hire a translator, shall be subject to the approval of the public security organ.

 
Article ninth of the criminal suspect shall not engage in the same lawyer.

 
Article tenth has accepted the appointed lawyer requested a meeting with the suspect in custody, the public security organ finds that the case involves state secrets, not met with approval, it shall explain the reasons to the lawyer.

 
The eleventh article of the law to meet the suspects to date, location, determined by the public security organs.

 
The twelfth article of the law will wind the suspect in custody, the public security organ may send staff to the scene.

 
The thirteenth lawyers met with the suspect in custody, the public security organ shall examine the lawyers submitted suspects hire books, certificate of practicing lawyers and law firms letter of introduction.

 
The fourteenth lawyers met with the suspect in custody, shall comply with the provisions of the regulatory site.

 
The fifteenth article of the law of the case about the meeting with the criminal suspect in the process, should be kept confidential.

 
The sixteenth lawyers met with the suspect in custody in violation of "law of criminal procedure" in the people's Republic of China and the present provisions stipulated in article ninety-sixth, the presence of police have the right to dissuade or suspend the meeting, and will inform the lawyer management departments of the situation.

 
Seventeenth lawyers in criminal suspects, shall be subject to the approval of the public security organ.

 
Eighteenth suspects were arrested with bail conditions, and in accordance with the terms of the guarantee or required to pay margin, the lawyer may apply to the public security organ for the application for bail.

 
Article nineteenth the public security organs in the received counsel for the arrested suspect bail application, it shall report to the public security organs at or above the county level. The public security organ at or above the county level shall be made within five days to agree or disagree with the decision. Agree to bail, apply for bail formalities in accordance with the law.

 
The twentieth lawyers to meet with the criminal suspect or the application for bail for the suspect has not been approved, can once again to the public security organ for. The public security organ shall, after receiving the application within seven days after the decision to approve or not.

 
Article twenty-first the term first interrogation, refers to the first interrogation of suspects in the public security organs after the filing of the case.

State secrets referred to in these regulations, refers to "the law on Guarding State secrets" of the people's Republic of China the eighth article of the cases and the Ministry of public security, State Security Bureau on the regulations of the public security work involving state secrets matters related to the specific scope.
Twenty-second the provisions since January 1, 1997.