What can a lawyer do in investigative proceedings? Do I need to hire a lawyer during the investigation phase? If a lawyer is hired during the investigation process, how will it help the case?

In daily life, we often hear that criminal suspects are detained. What is detention? In the news, courts often decide how much money to pay for bail. Does paying bail mean innocence?
Today, my family and friends are suspected in a criminal case. What can I do during the investigation by the prosecutor's office? Why do I need to hire a lawyer during the investigation? Who can see him when he is in custody?

1. How does the procuratorate handle cases during the investigation stage?

The investigation stage is the stage where the prosecutor's office collects evidence and decides whether to prosecute. At this stage, there may be processes such as police inquiry, search, seizure, and prosecutor's interrogation.
If at this stage the prosecutor believes that you have the possibility of escaping, colluding with witnesses, or destroying evidence; or if you fail to cooperate with the police or prosecutor’s notification to report to the case without justifiable reasons and are detained, the prosecutor may report it to the court. Apply for detention.

2. What is detention?

Detention is a means of restricting the defendant's personal freedom. By locking the defendant in a detention center, the following purposes are achieved:
(1) Preserving evidence (general detention)
1. Prevent the defendant from escaping and detain those who have fled or are thought to be likely to flee.
2. Detain a person who has facts that indicate that the defendant may have annihilated, altered, forged evidence or colluded with the defendant to confess.
(2) Preventing danger (preventive detention)
Detention of persons who may repeatedly commit the same highly dangerous type of crime
For example: homicide, forced sexual intercourse, fraud, etc.

3. What is bail? Does posting bail mean innocence?

Personal freedom is a right that is very protected by our country's constitution and modern human rights. As mentioned above, locking people up in detention centers is a great restriction on the personal freedom of our citizens. Therefore, it should be protected by the principle of proportionality in the Constitution and can only be implemented with the least intrusive means that are equally effective and necessary.
Therefore, when there are other means that can effectively replace detention, other means that are less harmful to the people should be used instead. This does not mean that the defendant is innocent, nor does it mean that "you will not be punished if you pay."
Other minor infringements include:
(1) Post bail: Pay a deposit and sign a bond. If the defendant escapes, it will be confiscated.
(2) Responsibility: The court hands the defendant to a certain person or agency, who is responsible for ensuring that the defendant appears in court
(3) Restriction of residence: The defendant is restricted to a certain residence and is not allowed to move.

4. Who can see the defendant in custody?

(1) In principle, when a defendant is detained under ordinary circumstances, it does not mean that the defendant is guilty. Therefore, according to the provisions of the Criminal Procedure Law, the defendant can still meet with outsiders, communicate with others, and receive books or other objects. However, the specific methods of meeting or communicating with the outside world depend on the different handling rules of each supervision office.
(2) Under special circumstances, if the defendant meets with, communicates with, or engages in any of the above behaviors with others that may lead to the defendant's escape, annihilation, forgery, alteration of evidence, or collusion of evidence, the prosecutor may prohibit it ex officio or upon request, that is, The so-called "detention ban".
(3) Who can see the defendant when he is in custody and who cannot?
1. Relatives and friends: As specified above, no
2. Lawyer: According to Article 34 of the Criminal Procedure Law, a lawyer can interview the defendant
Exception: If interviewed by a lawyer, it would cause the defendant to destroy, falsify, alter evidence, or
Those who collude with witnesses will not be allowed to meet.
3. Lawyers for defendants in other cases: Yes
4. The defendant has not appointed a lawyer yet and will have to wait for the interview to decide: Yes

5. Why you should hire a lawyer during the investigation process

During the investigation phase, parties often testify against themselves due to inexperience and lack of understanding of their rights, which in turn is exploited in court. Therefore, it is crucial to appoint a lawyer to protect your rights:
(1) During investigation, the rights of lawyers:
1. Right to the presence of a lawyer:
According to the provisions of the Criminal Procedure Law, the defendant's lawyer has the right to be present whether during the police interrogation or the prosecutor's interrogation. In order to assist the defendant at any time if there is a problem.
2. The right to state opinions:
As mentioned above, in addition to the right to be present at any time, the defendant's lawyer also has the right to state his opinions during the process, and can prompt and assist the defendant, and essentially help the defendant put forward defense grounds.
(2) When detained, the lawyer’s rights:
While in custody, in principle, anyone can meet or communicate with the defendant. But today, if the defendant is detained and "forbidden to see," only lawyers can meet and communicate with the defendant.
Therefore, when in custody, especially when access is prohibited, the only way for family members to contact the defendant is through an interview with a lawyer. And when in custody, only lawyers can actually contact the defendant to remind him of his rights, discuss the case, and formulate litigation strategies.
(3) Based on the above points, the purpose of hiring a lawyer is not to exonerate the client. Rather, only hiring a lawyer can protect the rights that the parties themselves should claim to the greatest extent. This prevents parties from suffering disadvantages due to lack of experience. In addition, lawyers can also serve as a bridge between defendants and their families. They can not only contact the parties, but also provide functions such as explaining the case, providing legal opinions, finding favorable evidence, and formulating litigation strategies.

Further reading:

The lawyers of our firm have focused on the field of criminal litigation for many years and have represented many criminal cases that have attracted public attention. They specialize in corruption regulations, violations of banking laws, violations of securities and exchange laws, violations of commercial accounting laws, commercial misappropriation, fraud, forged documents, We provide the highest quality legal services based on our rich experience in matters such as negligent injury, reputational damage, damage, obstruction of official duties, and public danger.

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