What are the statutory circumstances in which the procuratorate does not allow non-lawyer defenders to intervene in the review and prosecution phase?

In the course of criminal proceedings, criminal suspects have the right to appoint lawyers and persons of several specific identities other than lawyers to act as their own defenders. On issues where lawyer defenders and non-lawyer defenders defend criminal suspects, it is a principle that non-lawyer defenders must not intervene during the investigation phase. Not only that, but there are also many restrictions on non-lawyer defenders during the review and prosecution stage of a case. In certain specific circumstances, the procuratorate may, in accordance with the law, not allow non-lawyer defenders to intervene in the case. Today's "Lawyer Guo jie said" will tell you about what are the statutory circumstances in which the procuratorate does not allow non-lawyer defenders to intervene in the review and prosecution stage?

According to the Criminal Procedure Law of the People's Republic of China and the relevant provisions of the Supreme People's Procuratorate's Rules of Criminal Procedure of the Supreme People's Procuratorate, there are four statutory circumstances in which the procuratorate does not allow non-lawyer defenders to intervene in the review and prosecution stage:

1. The suspect in the same case is at large;

-- If there are co-offenders at large, it is not appropriate for the relevant cases to be made public at the stage of review for prosecution.

2. It is necessary to continue the investigation;

-- Where the facts of the case are unclear, the evidence is insufficient, or the crime is omitted or the suspect in the same case needs to be supplemented by investigation, the facts of the case should not be disclosed.

3. State secrets or commercial secrets are involved;

- This should not be disclosed.

4. It may have an impact on the advancement of the case.

- There are facts that show that there is a possibility of collusion, destruction, or fabrication of evidence, or endangering the personal safety of witnesses.

Lawyer Guo Jie believes that lawyers have their own statutory rights as defenders, including lawful practice rights such as meetings, correspondence, and access, excerpting, and reproduction of case file materials during the review and prosecution stage. These rights are the rights conferred by lawyers as members of the judicial community on the exercise of the right to a defence within the framework of specific practice norms and professional ethics. Non-lawyer defenders are not bound by lawyers' professional ethics and practice norms, nor are they affected by their careers for the wrong exercise of the right to defend, so they will be subject to many restrictions in the process of defending criminal suspects! These restrictions will affect the exercise of the right of the criminal suspect to defend, so it is not an appropriate option to appoint a non-lawyer as a defender.