Joke Collection Website - Public benefit messages - Can lawyers see the defendant's information in the investigation stage of public security organs?

Can lawyers see the defendant's information in the investigation stage of public security organs?

Legal analysis: lawyers in the investigation stage of public security organs generally cannot see the defendant's information. During the arrest stage, lawyers are generally not allowed to look at the materials. The public security bureau has handed over the materials to the procuratorate for arrest. During this period, lawyers are not allowed to read the oral confession materials of the parties, but they can verify the relevant evidence; When examining and prosecuting a case to the people's procuratorate, a defense lawyer may consult, extract and copy the case file.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.

Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.