Confirm the legal identity of the client [case negotiation stage]
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The "Criminal Procedure Law" stipulates that a criminal suspect has the right to entrust a defender from the day he is first interrogated or takes compulsory measures by the investigation agency. If a criminal suspect or defendant is in custody, his guardian or close relative may entrust a defender on his behalf.
Among them, the scope of close relatives is limited to " husband and wife, parents, children, and compatriots ." However, cousins do not belong to the legal scope of close relatives and cannot appoint defenders on their behalf. However, there are currently no clear provisions in laws and regulations on whether a close relative can sign an entrustment contract with a law firm on behalf of a close relative and pay the lawyer's fees. Moreover, related behaviors are still widespread in China, and FasterLawyer agrees.
When a firm accepts a criminal case entrustment, it shall promptly verify the client's identity document and kinship certification materials (household registration book, household registration certificate, etc.), and recommend archival filing. If the client cannot meet the conditions of close relatives, the firm can suggest that the client contact qualified close relatives to entrust the client to avoid subsequent problems caused by illegal status. If the non-close relatives have been authorized by the guardian or close relatives, they can Sign the entrustment contract and pay the lawyer service fee on your behalf. However, it is recommended that the authorization letter clearly states the authorization matters and must be signed and fingerprinted by a legal close relative to clarify the authorization matters.
For suspects and defendants who actually do not have parents, children, or compatriots, they can be entrusted by their relatives, friends, or units. After their confirmation, the entrustment can be established. If it is a statutory defense situation and a lawyer is not retained, the People's Court, People's Procuratorate, and Public Security Bureau shall notify the legal aid agency to assign a lawyer to provide defense.