Provincial Justice Department lawyers informed the province last year, the subject of the complaint investigation and handling of cases, such a thing: a lawyer for the defence were not appear at the client complaints, the defence lawyers said procedures had been commissioned by the TAC's Procuratorate, the procuratorate brought to the court Indictment did not inform the defence counsel, lawyer is not responsible;'s Procuratorate, said that the defence counsel in court, I no obligation to notify prosecutors. Justice Department investigation to the lawyer informed criticism of the punishment.
According to the Criminal Procedure Law, lawyers in public security, procuratorial, three-stage method to provide legal advice to clients, agents appeals, accusations, by the defence, court defence and other legal services. But lawyers in the provision of services at the three stages of follow-up and convergence, the existence of the system at the level of loss. This medium has not caused the problem to the industry.
Public security, procuratorial, the three agencies in law for a particular , although with a criminal case, but for them their relative is a separate case, the public security when transferred to review the prosecution's Procuratorate, the procuratorate to the court when the prosecution does not Notify the lawyers, although the legal provisions of the three agencies have an obligation to inform suspects accused have the right to hire a lawyer, but limited to the suspects in custody of the accused, it is difficult to convey this information lawyers. Practice of a lawyer to follow up, always fear the call to public security, procuratorial, asked about the case to the law where, to avoid losing! This has not only let Gong Jianfa personnel are trouble led to lawyers feel very helpless and headache .
"Criminal Procedural Law" Article 64, public security authorities detained the…… should be the reasons for detention and custody of the premises within 24 hours, notify the detainees of the family or his unit. 71, public security organs have arrested people…… should be the reasons for the arrest and detention of the premises, in the 24-hour notice was arrested within the family or his unit. The supreme law, Zuigao Jian, the Ministry of Public Security, State Security Bureau, the Ministry of Justice, the NPC Legislative Affairs Commission Chang and four other ministries "on a number of problems in the implementation of the Code of Criminal Procedure the provisions of" Article 10 further provides that "in accordance with the provisions of Article 96 of the Code of Criminal Procedure , In the investigation stage of criminal suspects to hire lawyers, they can hire their own, can also be employed by their relatives took "such a provision, so that the suspects first to hire a lawyer to provide legal rights to help a good security system.
"Criminal Procedural Law" Although the provisions of the "People's Procuratorate of receiving the transfer of materials to review the prosecution's case from the date on the 3rd within, should inform criminal suspects the right to appoint counsel," the reality is that the suspect was in custody, unable to personally Law firm to hire a defence counsel, and the Criminal Procedure Law also does not provide procuratorial organs should review cases to the prosecution phase of the fact that the "notice to the accused or his family members of the unit" In this way, family members of the defendants do not know when the For the accused to defence counsel, has hired lawyers also did not provide a channel known case of the progress made to review the indictment stage, "the defendant to hire a lawyer defending the rights" of the system level can not be properly implemented. Only the practice of lawyers carefully not only to keep up with "with the lost."
"Criminal Procedural Law" Article 151 stipulates that "the people's court decision after the opening of the trial, it should be…… People's Procuratorate will be a copy of the indictment in the court no later than previously served on the defendant on the 10th. Commissioned by the counsel for the accused did not, Inform the accused can be entrusted defenders,…… summoned the parties to inform counsel, litigation agents, witnesses, experts and translators, summonses and notices in the court no later than previously served on the 3rd. "Know from the above provisions, the Court's obligation is The accused did not entrust defenders in the circumstances, the obligation to inform the accused can be commissioned by the defender, if prosecutors with the case transferred to the material commissioned by the defence lawyers have accused the procedures and rights of the defence and the trial stage, the courts do not need to perform This obligation, but should be no later than in previous sessions on the 3rd court served notice to the defenders.
However, if the accused in police investigation, prosecutors did not review the indictment stage commissioned by the defence counsel, although the Court has fulfilled this obligation, the accused appear in court to hire a lawyer to defend the rights of the prosecutors review the indictment stage, difficult to implement.
The above analysis we can see that the suspects in the investigation stage to hire a lawyer to provide legal help for the first time involved, there is a system of protection. However, the prosecutors review the indictment stage presence system to protect the absolute loss, in a court trial stage is different: If prosecutors with the transfer of the material commissioned by the defence lawyers have accused the procedures and rights of the defence and the trial stage, there is no system Obstacles if the defendant in the public security investigation, prosecutors did not review the indictment stage commissioned by the defence counsel in the trial stage before the commission counsel, the same system to protect the existing deficiencies.
Hope that these problems in the future amending the law in the attention and can be changed.
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