There are three stages in a criminal case: the public security stage, the procuratorate stage, and the court stage. Some family members will feel that lawyers do not play a role in the investigation stage, and they will wait until the procuratorate court stage to invite them.
The "investigation stage" refers to the period from the beginning of the case filing and investigation by the investigating organ to the completion of the investigation and transfer of the case to the procuratorate for review for prosecution. The criminal suspect is detained in a detention center by the police, and no one other than the lawyer and the case-handling personnel is allowed to meet with him, including his family. The main roles of the lawyer in the investigation stage to intervene in the case and provide assistance to the criminal suspect are as follows:
1. Calm your emotions
Lawyers may meet with criminal suspects, convey the concerns of family members, alleviate the criminal suspect's anxiety, give psychological comfort, and serve as a bridge of communication between the parties and their families. Many people are isolated and helpless when their personal freedom is restricted, and they are prone to pessimism. Meetings with lawyers will make them feel that someone is helping them and strengthen their determination to face reality and overcome difficulties.
2. Provide legal advice
When lawyers meet with criminal suspects, they may explain to the criminal suspect the charges they are suspected of, the provisions on conviction and sentencing, and relevant legal knowledge. Let the criminal suspect have a clear understanding of the predicament he is facing, know what to do and what not to do, so as to facilitate the opportunity to make meritorious contributions, so as to reduce the punishment.
3. Inform of legal rights
Lawyers' meetings with criminal suspects can avoid the use of torture to extract confessions to the greatest extent. Many criminal suspects are involved in a criminal case for the first time, and they may be completely unaware of the legal rights they enjoy, and some suspects may even be induced to confess or deceive confessions because they do not understand the law or what kind of legal rights they enjoy, which may lead to the occurrence of unjust, false and wrongly decided cases. If a confession is extorted by torture, a lawyer can intervene to file a complaint or accusation against the suspect, thus effectively reducing the occurrence of this situation.
4. Understand the facts of the case
Lawyers can learn about the case from the parties in detail, grasp the case situation in advance, and formulate effective defense strategies based on personal experience and judgments, so that the defense work can be carried out early, and fully strive for the lawful rights and interests of the parties.
5. Collect favorable evidence
When a lawyer meets with a criminal suspect, he or she can learn about the evidence of his innocence and the severity of the crime, and help him do some work to fix strong evidence and prepare for a successful defense in the future. Evidence is in danger of being lost at any time, and a moment of carelessness may result in the unavailability of favorable evidence.
6. Apply for release on bail pending further investigation
During the investigation phase, lawyers may apply for release on guarantee pending further investigation for criminal suspects who meet the requirements for release on guarantee pending further investigation, and modify compulsory measures.
7. Submit a "Legal Opinion on Not Approving Arrest".
After submitting an application for release on guarantee pending further investigation to the investigating organ that it is not approved, the lawyer may also suggest that the investigating organ promptly collect evidence and withdraw the case after the investigating organ submits an application to the procuratorate for approval of arrest and before the procuratorate makes a decision.
8. Communicate with the case-handling personnel
Before submitting legal opinions, lawyers will actively communicate with the case handling personnel of the case-handling organ, and when necessary, they need to go to the case-handling unit to communicate face-to-face, so as to strive for the maximum rights and interests of the parties.
9. Submit an application for review of the necessity of detention
After the criminal suspect is arrested, the procuratorate submits an application for review of the necessity of detention based on the progress of the case and the emergence of favorable evidence, and releases the client or modifies the compulsory measures.
10. Negotiate and settle to obtain a letter of understanding
Lawyers can also communicate and coordinate with the victim on compensation matters, and once the mediation is successful and the victim's forgiveness is obtained, the probability of changing the compulsory measures will be greatly increased.
The above is an introduction to the main role of lawyers in the investigation stage, because there are differences in each criminal case, the work of lawyers will be selected according to the needs of the case. In criminal cases, it is very necessary to find a lawyer and ask for a lawyer, and the role of the lawyer in the investigation stage is also very important. Therefore, if you are facing a criminal case, do not hesitate to find a lawyer in a timely manner.