The key points of a lawyer's comprehensive, safe and effective meeting before applying for arrest

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Before applying for arrest, based on the substantive information of the case obtained during an effective meeting, the lawyer should communicate with the suspect about the criminal litigation procedures, rights and obligations. While demonstrating the "companion value" of the lawyer, it is also necessary to prevent the high incidence of professional risks at this stage.

Key points of communication regarding procedures, rights and other matters

(1) The necessity of informing the suspect of their rights

Although in the course of handling cases by judicial authorities, the rights and obligations of suspects are informed in writing. Or due to various practical reasons, it may lead to the suspect not thoroughly understanding his rights. Therefore, lawyers should explain and clarify the rights and obligations of the suspect to him personally, and pay special attention to the important parts.

(2) Interpret the possible subsequent criminal litigation procedures

It is suggested that lawyers introduce the criminal litigation process to suspects in a concrete way to facilitate their understanding. In particular, specific interpretations should be provided for the possible litigation procedures that may occur in the near future. For specific communication methods, you can refer to the content of communicating with the family about the criminal litigation procedure.

(3) Understand the compliance of the investigation procedures

Lawyers need to learn about the actual situation of the investigation from the suspect, such as whether the interrogation the suspect has undergone is compliant. Because illegal investigation procedures will directly affect whether the relevant evidence is illegal evidence or defective evidence. Lawyers should understand the legal supervision function of the procuratorial organs. If they find any investigation operations that should be reflected, they should be good at using the investigation supervision of the procuratorial organs to carry out procedural defense.

(4) Understand the relationship between the client and the suspect

Lawyers need to understand the relationship between the client and the suspect through communication with the suspect, so as to enhance the suspect's trust in the lawyer and establish a formal agency relationship. The closer the relationship between the client and the suspect is, the easier it is for the suspect to fulfill the commission.

(V) Understand living conditions, mental states, etc

Lawyers should focus on understanding the suspect's living conditions, mental states, psychological needs, concerns and worries after detention. Lawyers need to learn some knowledge of psychological counseling, comfort and guide him, provide him with emotional value, so that he can still have hope for his family, the future and life during his detention, and persist without giving up.

(6) Communication regarding their family and other personal affairs

Lawyers need to understand the information that the suspect needs to communicate and the matters assigned regarding family and other personal affairs. Especially for suspects with special family members, such as the elderly, young children, the sick, etc., it is necessary to fully understand their thoughts and feelings, help them communicate with their family members and handle personal affairs well.

(7) Seek consent to hire this lawyer

After the lawyer's analysis of the substantive information of the case and the explanation of the litigation procedures in the early stage, the suspect's trust in the lawyer was gradually established. At this point, it is relatively appropriate for the lawyer to ask the suspect whether he is willing to hire him as his defense lawyer.

Legal risks that lawyers should avoid during meetings

(1) Inform that the meeting will not be monitored

According to Article 39, Paragraph 4 of the Criminal Procedure Law and Article 33 of the Lawyers Law, defense lawyers shall not be monitored when meeting with suspects or defendants.

However, this does not mean that lawyers can talk to suspects about everything. Lawyers should avoid having conversations with suspects during meetings that may lead to consequences that are detrimental to the protection of suspects' rights. When lawyers provide consultation opinions during meetings, they first need to be bound by the law and professional ethics, and at the same time, they should also remind the clients to raise consultation questions carefully. For instance, the lawyer should inform the suspect: If you still have concerns at present, you can decide for yourself the information you present to the lawyer. If, apart from the charges currently under investigation by the public security authorities, there are any other information about crimes that have not yet been detected by the public security authorities, you do not need to state them to your lawyer. Otherwise, if a lawyer talks about everything with the suspect during the meeting and any adverse consequences occur to the suspect, the client may suspect that the lawyer does not abide by the professional ethics of confidentiality and loyalty, and thus be subject to complaints from the client.

(2) Not teaching suspects or defendants how to confess

Lawyers can only explain to suspects and defendants the substantive and procedural provisions of the involved charges as stipulated by laws and regulations. They should allow them to truthfully state the facts of the case in accordance with the law on their own, and must not teach them how to make specific confessions. If a lawyer incites a false confession, the lawyer will be complained about and punished.

(3) The principle of answering consultation questions in accordance with the law

The principle for lawyers to answer questions from suspects is based on legal provisions, judicial interpretations, legal principles, and basic legal theories, and they do not guide or incite suspects or defendants to make false defenses.

When suspects or defendants ask how they should be interrogated, such as "How should I confess?", "Can I hide this?", or "How can I confess in my own favor?", it is more prudent for lawyers to respond based on the aforementioned principles, for instance, "This involves the determination of the subjective aspect. Regarding the determination of the subjective aspect, what are the legal provisions and the judicial practice's prevailing opinions..." ; This involves the issue of the probative force of evidence. The principle that the law stipulates and judicial practice grasp is... . When lawyers answer questions from suspects, they should explain legal provisions, judicial interpretations, legal principles, and basic legal theories to the suspects, allowing them to choose the content of their confessions based on the provisions of the law. They must not directly teach the suspects how to confess.

(4) In the face of non-compliant demands from suspects, they should be refused

Given that after the lawyer's meeting, the basic situation of the suspect's detention will be communicated with the family. Inevitably, the suspect may take advantage of the communication between the lawyer and the family after the meeting to ask the lawyer to convey information related to the case, and even use very obscure language to make the lawyer convey relevant information. Lawyers should have a sense of risk and proactively identify whether the information requested by the suspect involves the case to avoid possible consequences such as collusion, concealment of evidence, or destruction of evidence. For instance, during the meeting, the suspect must not be allowed to sign any materials that might facilitate the transfer of assets, ill-gotten gains, or the concealment or destruction of evidence.

In conclusion, when faced with non-compliant demands raised by suspects during meetings, lawyers should refuse them and promptly remind them of the relevant legal risks.

In communication, lawyers should demonstrate the value of companionship

(1) In addition to doing a good job in defense, lawyers should provide psychological support during the meeting

For detained suspects, the unknown is the greatest fear. We advocate that in addition to doing a good job in basic defense work, lawyers should provide sufficient psychological support to suspects during meetings. When taking on cases, the value of a lawyer's accompaniment can be fully demonstrated to potential clients. Lawyers are also more likely to accept commissions.

Take a case handled by the team that had a relatively good social impact as an example. In a certain telecommunications fraud case, the client was a male, detained and had a fiancee. His fiancee had just found out she was pregnant before he was detained. He was very nervous after being detained. Because what he is worried about is not only the accountability in future criminal proceedings, but also whether his fiancee will wait for him to be released from prison and what decision she will make about whether to keep or leave the child. After meeting with the suspect, we learned that his role in the joint crime was relatively minor and there was a high possibility that he would be identified as an accessory. We also made a prediction about the possible penalties he might face in the future. At the same time, we let his fiancee know that even if he is sentenced to actual imprisonment, his sentence will not be long. Under this analysis, the fiancee expressed her willingness to wait for him, to conceive the child and raise the child alone first. When we brought his fiancee's decision back to him, he was finally convinced. We accompanied this family through a difficult period for them. Based on the solid defense work that followed, he was eventually sentenced to probation, and his family was able to be reunited as soon as possible. This case well illustrates the social value of lawyers in criminal defense beyond professional defense.

(2) Lawyers should give full play to the role of a family bond

During criminal proceedings, lawyers serve as the emotional bond between detained suspects and their families. We should do a good job in conveying family affection, meet the living and psychological needs of the suspect, provide the suspect with necessary and sufficient social and psychological support, and ensure that he does not give up hope during detention.