The defense duties of defense lawyers include providing materials and opinions to prove the innocence, lighter or mitigated criminal responsibility of criminal suspects and defendants according to specific cases, and safeguarding the legitimate rights and interests of criminal suspects and defendants. Specifically, it can be divided into three forms:
1. As a person who defends himself, he should always proceed from the facts and take the law as the sole criterion. No matter what the situation, you should not be partial to your own side, but give evidence according to the facts. Nor can we make false confessions and evidence for this person, let alone deliberately destroy his criminal facts, or use interests or power to buy witnesses to exonerate criminals and force them not to tell the truth.
2. As a defender, in order to safeguard our rights and interests, we should actively collect evidence and materials that can prove the innocence of criminal suspects or reduce their punishment, and at the same time actively communicate with them, holding all the information in our hands, so as to understand their psychology more deeply and judge whether they are likely to commit crimes. This is the most important thing for defenders and the only thing they can do for those suspects.
3. As a defender, when safeguarding the rights and interests of criminal suspects, various actions and means should be taken according to law. You can't force a witness to lie or use something that may be illegal not to confess. Similarly, you can't make up lies, such as making up a false certificate to prove your innocence or recanting with others.
Rights of defense lawyers
1. Provide legal advice to criminal suspects and represent them in complaints and accusations.
2. Apply for bail pending trial for the arrested criminal suspect.
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend.
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant case.
5. Lawyers meet with criminal suspects and defendants without being monitored.
6. The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution.
7. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case.
8. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, investigate the situation related to undertaking legal affairs to the relevant units or individuals on his own.
What are the duties of defense lawyers?
1, the execution of defense duties must strictly abide by the law, which belongs to the work of the Commission for Discipline Inspection and the professional ethics of lawyers.
2. We should conscientiously perform our defense duties and safeguard the legitimate rights and interests of the defendant according to law.
3. Do not intentionally distort or fabricate facts, destroy evidence or commit perjury, or collude with the defendant to shield the defendant from due punishment.
4. Keep confidential the state secrets and personal privacy that you come into contact with during your time as a defender, and do not disclose them.
5. When meeting with criminal suspects and defendants in custody, the relevant regulations of the prison shall be strictly observed.
6. Appear in court on time, abide by court rules, and strictly observe and implement legal procedures.
7. In the process of trial, we should respect judicial staff and safeguard the dignity of public security and judicial organs.