After the public prosecution is initiated and before the trial, the defendant entrusts a defender. Does the court have the obligation to inform the public prosecution department that the defendant entrusts a defender? No obligation. The new criminal procedure law stipulates the system of pre-trial meeting. Before the trial, the judge may call the public prosecutor, parties, defenders and agents ad litem to attend the pre-trial meeting, and only for some special cases.
The defendant in a criminal case entrusts a defender who is the defendant's daughter. Does the defender have the right to go to the detention center to meet the defendant? If he can only entrust a lawyer as his defender during the investigation stage; At other stages, if you entrust your daughter, you can meet and communicate with her if the court allows.
How to become a defender of drug trafficking? I'm not a lawyer. The defendant entrusted me as his defender. How do I plead? I suggest entrusting a professional criminal defense lawyer to defend. A professional criminal defense lawyer needs at least six years of study and training, which can't be learned in a day or two.
Can the people's court require the defendant to entrust a defender? According to the interpretation of the criminal procedure law
Article 37 In a case of joint crime, if other defendants have entrusted defenders, the court may appoint defenders for that defendant.
Article 39 A defender appointed by a people's court shall be a lawyer who undertakes the obligation of legal aid according to law.
Of course, you can entrust an agent to appear in court. I suggest that your power of attorney to the agent must be written in detail, including agency matters, agency authority and so on. Because the agent's behavior is regarded as your behavior in law, you will bear the result of the agent's behavior.
What is the difference between the notice of entrusting a defender and the notice of entrusting an agent ad litem? According to Article 58 of the Civil Procedure Law, the agent ad litem in China includes lawyers and grassroots legal service workers; Close relatives or staff members of the parties concerned; Citizens recommended by the community, units and relevant social organizations where the parties are located. Therefore, China actually adopts the latter legislative model. However, according to Article 68 of the Opinions on Civil Procedure, a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or a person who may harm the interests of the principal, and a person who the people's court considers unsuitable to act as an agent ad litem cannot act as an agent ad litem. In addition, in China, the parties and legal representatives can entrust 1~2 people as litigation agents. If a party entrusts two persons as agents ad litem, it shall specify the agency matters and agency authority in the power of attorney.
Notice of entrusting a defender: it is a notice informing a lawyer that he has the right to defend a criminal suspect.
The difference between the two is that entrusting a defender mainly refers to the obligation of defense, and entrusting an agent ad litem refers to the obligation of an agent ad litem.
Can the defendant entrust a defender after the trial? After the trial, the defendant can still entrust a defender.
According to the law, in criminal proceedings, the criminal suspect has the right to entrust a defender from the day when the investigated organ first interrogates or takes compulsory measures; The defendant has the right to entrust a defender at any time. Therefore, even if the defendant did not entrust a defender before the trial, he can entrust it after the trial. Relevant laws can be referred to as follows: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC): A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ. Related reading: Does the defender have the obligation to keep secrets from the client? Generally speaking, defense lawyers have the right to keep confidential the client information they know in their practice. However, in practice, if it is known that the client or others are preparing or committing crimes that endanger national security, public security and seriously endanger the personal safety of others, it shall promptly inform the judicial organs.
Can the defendant entrust a defender after the trial? After the trial, the defendant can still entrust a defender. According to the law, in criminal proceedings, the criminal suspect has the right to entrust a defender from the day when the investigated organ first interrogates or takes compulsory measures; The defendant has the right to entrust a defender at any time. Therefore, even if the defendant did not entrust a defender before the trial, he can entrust it after the trial. Relevant laws can be referred to as follows: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC): A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ. Related reading: Does the defender have the obligation to keep secrets from the client? Generally speaking, defense lawyers have the right to keep confidential the client information they know in their practice. However, in practice, if it is known that the client or others are preparing or committing crimes that endanger national security, public security and seriously endanger the personal safety of others, it shall promptly inform the judicial organs. For relevant laws, please refer to "Criminal Procedure ... [More]"