1. The law does not stipulate that the court needs a lawyer to be present when sentencing, and whether a lawyer is present or not does not affect the court's trial results.
2. If the lawyer accepts the entrustment and clearly declares that it is necessary to be present, the lawyer shall perform the entrustment obligation and attend the sentencing.
3. Legal basis: Article 29 of the Lawyers Law of People's Republic of China (PRC).
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients.
Article 30 A lawyer representing litigation legal affairs or non-litigation legal affairs shall safeguard the legitimate rights and interests of clients within the scope of entrustment.
Second, what is the procedure of sentencing in criminal proceedings?
1, sentencing is divided into court sentencing and ordinary sentencing:
(1) If a verdict is pronounced in court, the verdict shall be announced, and the verdict shall be served on the parties, legal representatives, agents ad litem, the procuratorate that initiated the public prosecution, the defender and the close relatives of the defendant within 5 days.
(2) If the verdict is pronounced regularly, the collegial panel shall announce the time and place of the verdict in advance before the verdict is pronounced, summon the parties and notify the public prosecutor, legal representative, agent ad litem and defender. After the judgment is pronounced, it shall be immediately served on the parties, legal representatives, agents ad litem, procuratorates, defenders and close relatives of the defendant who initiated the public prosecution.
2. After the judgment comes into effect, it shall also be delivered to the unit where the defendant works or the police station where the original household registration is located. If the defendant is a unit, it shall be delivered to the administrative department for industry and commerce where the defendant is registered.
3. The judgment shall be publicly announced. When sentencing, all court staff should stand up. When sentencing, if the public prosecutor, defender, victim, private prosecutor or plaintiff in incidental civil action does not appear in court, it will not affect sentencing.
4. After the defendant's final statement, the presiding judge shall announce an adjournment, and the collegial panel shall make comments.
5. The collegial panel shall make a record of the appraisal activities, and the members of the collegial panel shall sign the appraisal record and sign the legal documents.
According to the provisions of the Civil Code, the law does not stipulate that the court needs a lawyer to be present when sentencing, and whether the lawyer is present or not does not affect the court's trial results. However, if a lawyer accepts the entrustment and clearly states that he needs to be present, he shall perform the entrustment obligation and attend the sentencing. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.