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What can a criminal lawyer do after a case is handed over to the Prosecutor's Office?

admin | 2022-04-05 Views 345

After a criminal case is transferred from the investigation organ to the people's procuratorate for review and prosecution, the lawyer may accept the entrustment of the criminal suspect himself or his close relatives as his defender.

1. Lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials of this case. (You need to see which case-handling unit, some case-handling units can copy all case files including transcripts, etc.)

2. Defense lawyers have the right to meet with criminal suspects and have the right to communicate with criminal suspects.

3. Defense lawyers have the right to investigate and collect case-related materials.

4. Lawyers act as defenders or agents ad litem, and have the right to submit defense and representation opinions on the case to the People's Procuratorate in accordance with the provisions of the Criminal Procedure Law.

5. If a criminal suspect is detained for an extended period during the review and prosecution stage, the defense lawyer has the right to request the criminal suspect to be released according to law or change the compulsory measures, and apply for release on bail pending trial. Where a criminal suspect is personally violated or his personality is insulted, a defense lawyer has the right to file a complaint on behalf of the criminal suspect.

6. If the people's procuratorate makes a discretionary decision not to prosecute, and the person not to be prosecuted refuses to accept and requests a petition, the defense lawyer may appeal to the people's procuratorate on his behalf after the person not to prosecute receives the written decision.

7. If the people's procuratorate makes a decision not to prosecute, and the victim is not satisfied, the attorney representing the victim may appeal to the higher-level people's procuratorate within seven days after the victim receives the decision. After the appeal is rejected, it may file a lawsuit in the people's court on its behalf, or directly file a lawsuit in the people's court without appeal.