Key points for communication between lawyers and suspects and their families during the period of post-arrest investigation and detention
Preface
If the case is approved for arrest by the procuratorate, the lawyer should not only meet with the suspect immediately to provide legal consultation and emotional support, but also should pay attention to communicating with the suspect, his family, and the public security authorities during the period from the arrest to the transfer to the procuratorate for review and prosecution.
I. Key points of communication after arrest with the suspect
(1) Provide legal consultation on the approval for arrest decision
During the post-arrest investigation stage after the procuratorate makes the approval for arrest decision, the lawyer should immediately meet with the suspect and communicate with him about the considerations of the procuratorate for the approval decision, the judicial authorities' reasoning for the case's determination, the current stage's tendency of the procuratorate's handling of the case, the communication of the defense opinions already submitted by the lawyer and the negotiation of the defense ideas after arrest, and answering the suspect's questions.
(2) Guide the suspect to recall evidence and clues that may prove innocence or lightness of the crime
After the approval for arrest decision is made, the suspect's psychological shock is relatively large. The lawyer should inspire him to further consider whether there are relevant evidence or clues that are favorable for determining innocence or lightness of the crime.
(3) Inform about rights and obligations and subsequent litigation procedures
The criminal litigation process is complicated. In addition to providing a general introduction of the criminal litigation process to the suspect during the first meeting, it is recommended that the lawyer further explain the current and subsequent criminal litigation procedures to the suspect in each case stage; regarding the rights and obligations of the suspect, explanations and clarifications should be provided.
(4) Provide humanistic care and psychological counseling
After arrest, the suspect will face detention. In addition to legally providing legal assistance, the lawyer should also pay attention to the suspect's psychological state, promptly understand his living needs, and assist in communicating with the case-handling authorities.
During the suspect's detention period, the lawyer should play the role of a bond of family affection, convey the care and support from the outside world and his family to him, and make him feel the care and abandonment from society and the family. Only the non-abandonment of family, love, and friendship can make him still have sunshine and hope for the future. Every meeting, when the suspect hears the care and greetings from his family, he will unconsciously shed tears; every meeting after communicating with the family, when the family hears the living situation of the suspect during detention and the family greetings, their emotions will become calm from the original anxiety.
II. Key points of communication with the family after arrest
(1) Provide legal consultation on the arrest decision
Before the approval for arrest decision is made, the family always has certain hopes for not being arrested. Therefore, if the procuratorate makes the approval for arrest decision, the lawyer should promptly provide legal consultation to the family, allowing them to understand the reasons for the procuratorate's approval decision, the prosecutor's tendency in handling the case, the interpretation of the key defense work to be carried out in the future, the interpretation of the subsequent litigation procedures, calming the family's negative emotions, and eliminating the family's possible misunderstandings about the lawyer's work.
(2) Communicate evidence clues beneficial to the suspect
In addition to inspiring the suspect to think about the evidence or clues that may prove his innocence or lightness of the crime, the lawyer can also communicate with the family to understand the evidence or clues that may prove the suspect's innocence or lightness of the crime.
(3) Inform about subsequent litigation procedures
Except for a few cases that may successfully change the compulsory measures after arrest, the detention period for ordinary cases after arrest is relatively long. The lawyer should inform the family about the subsequent criminal litigation procedures and the time that may be consumed, so that the family has an idea of the future progress of the case.
(4) Alleviate family anxiety and provide family bonds
After arrest, family members are prone to obvious anxiety and worry. Because before the approval for arrest decision is made, both the family and the suspect are prone to have expectations of not being arrested. The approval for arrest decision by the procuratorate means that the procuratorate has a relatively mature grasp of the case's involvement in crime, and the evidence chain is becoming more complete. In practice, cases where the accused is acquitted after arrest or returned to the police for further handling are extremely rare. The procuratorial organs adopt a cautious attitude in reviewing the quality of arrest cases during the review and approval stage. Although lawyers can provide defense for the accused after arrest to seek a change in compulsory measures, or even make an argument for acquittal claiming that the procuratorial organs made an incorrect arrest, the anxiety of the suspect and their family members becomes more obvious after the decision to approve the arrest is made.
While providing legal advice, lawyers also need to conduct psychological counseling for the suspects and their families, playing the role of strengthening the emotional bond between them.
Conclusion
Although in practice, cases where the accused is ultimately acquitted or the case is dropped after arrest are rare, the defense work after arrest encompasses aspects such as qualitative defense, sentencing defense, and procedural defense. Therefore, lawyers still have a lot of room for maneuver.
