Flexion offer Chong January 18, 2013

The new criminal procedural law expands the defense rights in criminal procedure, the performance is one of the more defenders application right, related to specific provisions are as follows.

The provisions of article thirty-sixth, the lawyer was arrested suspects before the application for alteration of the compulsory measures.

The provisions of article ninety-third, the criminal suspect, the defendant was arrested, the people's Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alteration of the compulsory measures. The relevant authorities shall within ten days to notify the people's procuratorate.

Although the right to review the provisions procuratorate authority Review Act, but the defender can be brought to the procuratorate Department review.

The provisions of article ninety-fifth, the criminal suspect, the defendant or his legal representative, close relative or lawyer shall have the right to apply for alteration of the compulsory measures. Receive request the people's court, people's Procuratorate and the public security organs, it shall make a decision within three days; does not agree to the change of coercive measures, it shall inform the applicant, and explain the reasons for disapproval.

The provisions of article ninety-sixth, the criminal suspect, the accused in custody cases, not in custody, in the investigation of the provisions of this law, a trial period of review and prosecution, trial Banjie, the suspect, the defendant shall release the need to verify,; trial, the suspect, the defendant can bail or residential surveillance.

This article while the rules to make public security organs, procuratorate, the court on its behavior, but the defender can according to the regulation, for the public prosecutor, judicial organs exercise the behavior.

Article ninety-seventh the people's courts, the people's Procuratorate or the public security organ of the compulsory measures adopted by the statutory period expires the suspect, the defendant shall release, release, release on bail, residential surveillance or alteration of the compulsory measures according to law. The suspect, the defendant or his legal representative, close relative or lawyer to the people's court, the people's Procuratorate or public security organs to take coercive measures to the statutory period expires, the right to request the lifting of compulsory measures.

The provisions of article thirty-ninth, the defender has the right to apply to the people's Procuratorate, the people's court, gathering in the evidence investigation, review and prosecution of public security organs, people's Procuratorate collected during the suspect, the defendant to prove innocence or light offence.

The defenders make good use of the right to apply, can better protect the suspect, the defendant's rights.