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Will a lawyer be notified when a criminal case arrives at the court?
Criminal cases begin when the procuratorate submits an indictment to the court and the court files a case.
After the court files a case, it will generally serve the indictment on the defendant within 2 days. There are two ways to notify a lawyer:
1. If the defendant (i.e. the suspect) entrusts an agent at the investigation stage of the public security or procuratorate, it will be served on the lawyer (at this time, he has become a defender).
If the defendant does not entrust a lawyer, the court will ask him if he needs to entrust a lawyer. In some areas, with the consent of defendants who may be sentenced to more than three years in prison, aid lawyers will also be appointed.
So as long as there is a lawyer, the lawyer will be notified as soon as the case arrives at the court.
Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants.
In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
Article 35 of the Lawyers Law of People's Republic of China (PRC) * * * An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law. Article 37 The personal rights of lawyers in their practice activities are inviolable.
Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law.
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