Should the lawyer be notified when transferred to the procuratorate [public security investigation stage]
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If the defense lawyer makes a request before the investigation of the case is concluded, the investigation agency shall listen to the defense lawyer's opinions and record them in the record. If the defense lawyer submits written opinions, they shall be attached to the file. For cases that have been completed after investigation by the public security organs, the criminal facts must be clear, the evidence must be reliable and sufficient, and a prosecution opinion must be written and transferred together with the case file materials and evidence to the People's Procuratorate at the same level for review and decision; at the same time, the suspect and his/her family must be notified of the case transfer status. Defense counsel. If the suspect voluntarily pleads guilty, it shall be recorded in the case and transferred with the case, and the relevant circumstances shall be stated in the prosecution opinion.
When the suspect denies the crime during the investigation stage, the defense lawyer cannot see all the case materials and mainly bases the case situation on the suspect's own statement. The lawyer provided his opinion to the public security organ based on the suspect's own statement, which may be inconsistent with the evidence obtained by the public security organ's investigation. However, the public security organs cannot deprive lawyers of their right to know just because they offer different opinions.
In practice, if the case is transferred to the procuratorial organ, the public security organ shall promptly notify the defense lawyer. Otherwise, the lawyer may file a complaint or charge with the disciplinary inspection department of the public security organ or the procuratorate in accordance with the law.