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In the review and prosecution stage? What does a lawyer do?

The review and prosecution stage generally refers to the time when the case has been investigated and transferred to the prosecution agency of the procuratorate, and ends when the prosecution agency of the procuratorate prosecutes the case in court. At this stage, family members of the criminal suspect and other persons outside the case can only see the criminal suspect through a lawyer. Lawyers perform the following tasks during the review and prosecution stage: 1. Lawyers accept entrustment (1) Lawyer intervention time From the date when the case is transferred to the procuratorate for review and prosecution, a lawyer may be hired to provide defense. (2) The lawyer handles the case acceptance procedures 1. The law firm and the client sign the "Authorization Agreement" in duplicate, one copy is given to the client, and the other copy is kept by the law firm; 2. The client signs the "Power of Attorney" in duplicate Three copies, one to be handed over to the case-handling agency, one to be archived by the lawyer handling the case, and one to be kept by the client; 3. The law firm issues a letter to the lawyer handling the case, and the lawyer submits it to the case-handling agency. 2. Contact the Public Prosecution Authority 1. After accepting the entrustment, the attorney in charge should contact the Public Prosecution Authority in a timely manner, submit a "Power of Attorney", a letter from the law firm, and present a lawyer's practicing certificate. 2. The defense lawyer has the right to inspect, excerpt, and copy the litigation documents and technical appraisal materials of this case. 3. Meetings and Correspondence (1) During the review and prosecution stage, defense lawyers do not need to obtain approval from the procuratorate to meet with criminal suspects, and they can meet at any time. (2) Defense lawyers can communicate with criminal suspects, but the content should be related to the case. (3) When a lawyer meets with a criminal suspect, he or she may learn from him the following information about the case: 1. The criminal suspect’s physical condition; 2. Whether and how to participate in the suspected case; 3. The main facts involved in conviction and sentencing; circumstances or excuses of innocence; 4. Whether the procedures for which the compulsory measures were taken were legal, whether the procedures were complete, whether personal rights and litigation rights were violated; 5. whether there were other illegal acts in the investigation activities; 6. other circumstances that need to be known. (4) Lawyers provide the following legal assistance to criminal suspects: 1. Legal provisions regarding the conditions, duration, and applicable procedures of compulsory measures; 2. Legal provisions regarding the avoidance of investigators, prosecutors, and judges; 3. Criminal suspects The obligation to answer truthfully the investigators’ questions in a timely manner and the right to refuse to answer questions that are irrelevant to the case; 4. The criminal suspect’s right to request to write a confession on his own and to check, supplement, correct, and add explanations to the interrogation transcripts produced by the investigators rights and the obligation to sign or seal after acknowledging that the transcript is error-free. 5. The criminal suspect’s right to request the investigative agency to inform him of the identification conclusions used as evidence, and to apply for supplementary identification or re-identification; 6. The criminal suspect’s right to defense; 7. The criminal suspect’s right to appeal and accuse; 8. The relevant provisions of the Criminal Law regarding the crimes suspected of criminal suspects; 9. The Criminal Law’s provisions regarding surrender, meritorious service and other related provisions; 10. Legal provisions regarding the jurisdiction of criminal cases; 11. Other relevant legal issues. 4. Apply for bail pending trial for a criminal suspect (1) If the lawyer believes that the criminal suspect in custody meets one of the following conditions, he may apply for bail pending trial: 1. The case involved by the criminal suspect complies with Article 51 of the Criminal Procedure Law 2. The criminal suspect is suffering from a serious disease; 3. The criminal suspect is pregnant or breastfeeding his own baby; 4. The detention measures taken by the investigation agency against the criminal suspect have exceeded the legal limit; 5. The criminal suspect is in compliance with the law Other stipulated conditions for release on bail pending trial. (2) The detained criminal suspect or his legal representative or close relatives request a lawyer to apply for bail pending trial for the criminal suspect. If the handling lawyer believes that the legal conditions are met, he may apply for bail pending trial on his behalf. (3) When a lawyer applies for bail pending trial for a criminal suspect, he should submit an application to the relevant agency. The application should state the application facts, reasons and guarantee methods, and indicate the name of the law firm, lawyer's name, mailing address and contact method, etc. (4) After a lawyer applies for bail pending trial for a criminal suspect in custody, he shall require the public prosecution agency to respond within seven days with approval or disapproval. For those who do not agree to be released on bail pending trial, the lawyer has the right to ask them to explain the reasons for their disagreement, and can file for reconsideration or report to the relevant departments. 5. Complaints and accusations on behalf of the attorney 1. After understanding the case, if the lawyer believes that the criminal suspect does not commit a crime, is suspected of wrongdoing, or is not subject to criminal liability as stipulated in Article 15 of the Criminal Procedure Law, the lawyer may represent the criminal suspect to the attorney general. The relevant authorities filed a complaint and requested redress. 2. If a lawyer discovers that the investigation agency has violated the criminal suspect’s personal rights, litigation rights or other legitimate rights and interests, or discovers improper jurisdiction, illegal search, seizure or other violations of legal provisions, he may file a complaint with the relevant department on behalf of the criminal suspect. 6. Investigation and collection of case-related materials 1. The defense lawyer may collect case-related materials from the victim or his close relatives or witnesses provided by the victim. 2. Defense lawyers may collect case-related materials from other witnesses or units. 3. Defense lawyers may record or videotape when investigating and collecting case materials. 4. When the defense lawyer deems it necessary, he may also apply to the People's Procuratorate to collect and obtain evidence. 7. Proposing defense or agency opinions 1. Lawyers acting as defenders or litigation agents may submit defense or agency opinions regarding the case to the People's Procuratorate in accordance with Article 139 of the Criminal Procedure Law. 2. If a criminal suspect is detained for an extended period during the review and prosecution stage, the defense lawyer has the right to request that the criminal suspect be released in accordance with the law or that the compulsory measures be changed to bail pending trial or residential surveillance.

3. If a criminal suspect's personal rights are violated or his personality is insulted, the defense lawyer has the right to file a complaint on his behalf. 4. If the People's Procuratorate makes a decision not to prosecute, and the person not prosecuted is dissatisfied and requests an appeal, the defense lawyer may file an appeal on behalf of the person not prosecuted after receiving the decision not to prosecute. 5. If the People’s Procuratorate makes a decision not to prosecute and the victim is dissatisfied, the attorney may appeal on behalf of the victim to the People’s Procuratorate at the next higher level within seven days after the victim receives the decision. After the appeal is dismissed, the person can be sued in the People's Court on his behalf. You can also directly file a lawsuit with the People's Court on your behalf without filing a complaint. From the above introduction, we know that during the review and prosecution stage, the most important job of a lawyer is to meet with the criminal suspect, provide legal assistance to the criminal suspect, understand the case process, and verify the criminal evidence. As a lawyer, you must fully understand the current laws of our country and the facts of the case. During the review and prosecution stage, you have the right to apply for bail pending trial based on the actual circumstances of the case to ensure the legal rights and interests of the client.