Second, criminal defense lawyers believe that it is an important guarantee for defenders to enjoy litigation rights and perform litigation obligations according to law. According to the provisions of the Criminal Procedure Law and the Lawyers Law, the rights of defenders (such as criminal defense lawyers) in China mainly include:
1, the right of self-defense. According to the provisions of the Lawyers Law, lawyers perform their defense duties in criminal proceedings according to law, and their personal rights and litigation rights are inviolable.
2. The right to read newspapers, the right to meet and communicate. According to the provisions of Article 36 of the Criminal Procedure Law, from the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. At the trial stage of the court, the defense lawyer can consult, extract and copy the "materials accusing the criminal facts in this case" and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
3. Right to investigate and collect evidence. According to Article 37 of the Criminal Procedure Law, defense lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from them, or apply to the people's procuratorate or the people's court for collecting and obtaining evidence. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. Other defenders do not have this right.
4. Right to express opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall listen to the opinions of the person entrusted by the criminal suspect when examining the case. In other words, the defender entrusted by the criminal suspect has the right to defend the client at the stage of examination and prosecution, and the people's procuratorate should listen to this.
5. The right to participate in court investigation and court defense. According to the provisions of the Criminal Procedure Law on the procedure of first instance, in the court investigation stage, after the prosecutor asks the defendant questions, the defender may ask the defendant questions with the permission of the presiding judge; During the court hearing, the defender has the right to apply for notifying new witnesses to appear in court, obtaining new evidence and applying for re-appraisal or inquest. At the stage of court debate, defenders can express their opinions on the evidence and the case, and they can argue with the prosecution. Paragraph 2 of Article 30 of the Lawyers Law stipulates that a lawyer who acts as a defender shall guarantee his right to defense according to law.
6. With the consent of the defendant, the defendant has the right to appeal. Article 180 of the Criminal Procedure Law stipulates that the defendant's defender may appeal with the consent of the defendant. Therefore, the people's court of first instance should serve the judgment on the defendant's defender in time to prevent the defender from exercising this right.
7. Criminal suspects and defendants who have taken compulsory measures beyond the statutory time limit have the right to request the public security and judicial organs to lift compulsory measures. Article 75 of the Criminal Procedure Law stipulates: "If a criminal suspect, defendant and his legal representative, close relatives or lawyers and other defenders entrusted by the criminal suspect or defendant take compulsory measures against the people's courts, people's procuratorates and public security organs beyond the statutory time limit, they have the right to demand the cancellation of compulsory measures. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures exceed the statutory time limit, release him on bail pending trial, monitor his residence or change the compulsory measures according to law. "
8. Refusal to the right of defense. According to the provisions of the Criminal Procedure Law and the Lawyers Law, there are two cases of refusing to defend: one is that the criminal suspect and the defendant refuse the defender to continue defending, and related issues have been discussed in the relevant discussion of the right to defense; Another kind of refusal to defend means that the defender has legal reasons to stop defending the criminal suspect or defendant halfway. The second paragraph of Article 29 of the Lawyers Law stipulates: "A lawyer may not refuse to defend or represent without justifiable reasons after accepting the entrustment, but if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent."
The above eight articles are the legal rights of criminal defense lawyers.