It stipulates six basic duties of the lawyer on duty, namely, providing legal advice, offering suggestions on procedure selection, helping criminal suspects and defendants to apply for changing compulsory measures, and putting forward opinions on handling cases; Help criminal suspects, defendants and their close relatives to apply for legal aid and other matters stipulated by laws and regulations.
At the same time, it emphasizes the duty of the lawyer on duty in the case of confession and punishment: explain the nature and legal provisions of confession and punishment to the criminal suspect and defendant, give opinions on the charges accused by the people's procuratorate, make sentencing suggestions, and apply the litigation procedures. And the suspect was present when he signed the confession and admitted the punishment.
The lawyers on duty mainly provide legal aid around the following two aspects:
1, covering a wide range. The lawyer on duty serves all criminal suspects and defendants without defenders, covering a very wide range;
2. Diversity of services. It can be seen from the duty of the lawyer on duty that the lawyer on duty can provide a variety of legal services for criminal suspects and defendants, and the forms of legal help are more diverse.
The powers of the lawyer on duty are as follows:
The right to meet. The criminal suspect and the defendant have the right to make an appointment with the lawyer on duty, and the lawyer on duty will go to the detention center to handle the legal aid interview formalities with the relevant documents, and the detention center shall arrange the meeting in time;
2. The right to read newspapers. In the investigation stage, the lawyer on duty can learn from the investigation organ about the charges charged by the criminal suspect and the relevant situation of the case, and in the examination and prosecution stage, he can consult the case materials and understand the case. The people's procuratorate and the people's court shall make timely arrangements and provide convenience;
3. Right to express opinions. In the stage of examination and prosecution, if the criminal suspect pleads guilty and admits punishment, the lawyer on duty may put forward opinions to the people's procuratorate on related matters. If the lawyer on duty puts forward opinions on the matters mentioned in the preceding paragraph, the people's procuratorate shall put them on record and attach them. If the opinions of the lawyers on duty are not adopted, the reasons shall be explained.
legal ground
Criminal Procedure Law of the People's Republic of China
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.