The defense lawyer is an independent litigation participant and has an independent litigation status. Specific performance: (1) The defense lawyer is independent of the prosecutor's command; (2) The desire of defense lawyers to discover the truth independently of the court; (3) The defense lawyer is independent of the client's will.
As an important part of judicial system and criminal procedure system, criminal defense can be traced back to ancient Rome. The system is rooted in the concept of "respecting human dignity", emphasizing that criminal suspects and defendants are presumed innocent before being convicted by legal procedures, but they enjoy litigation rights such as the right to defense. They can entrust lawyers or other defenders to participate in criminal proceedings, fully exercise their right of defense, confront the procuratorial organs on an equal footing and safeguard their legitimate rights and interests. This system has played a positive role in forming a complete litigation structure, ascertaining the truth of the case, realizing procedural justice and improving litigation efficiency.
legal ground
Article 29 of the Lawyers Law: When a lawyer acts as a legal adviser, he shall, in accordance with the agreement, provide advice to the client on relevant legal issues, draft and review legal documents, represent litigation, mediation and arbitration activities, handle other entrusted legal affairs, and safeguard the legitimate rights and interests of the client.
Article 5 To apply for practicing as a lawyer, the following conditions shall be met:
(a) support the constitution of People's Republic of China (PRC);
(2) Having passed the national unified judicial examination;
(3) Having worked as an intern in a firm for one year;
(4) Good conduct.
The lawyer qualification certificate obtained before the implementation of the national unified judicial examination has the same effect as the national unified judicial examination certificate when applying for lawyer practice.