1. Can a lawyer defend himself?
Lawyers can defend themselves in person, and there is only one way for lawyers to defend themselves, that is, lawyers appear in court as defendants, and the defendants can defend themselves at this time. The so-called right of defense refers to the litigation right that criminal suspects and defendants are given by law to make statements, defend themselves and refute accusations and prosecutions according to facts and laws, and to put forward materials and opinions to prove their innocence or light crimes in order to safeguard their legitimate rights and interests. The Criminal Procedure Law gives the parties and their defenders the right to defend themselves against complaints.
Article 32 of China's Criminal Procedure Law stipulates: "In addition to exercising the right of defense, criminal suspects and defendants may entrust one or two people as defenders." The establishment and exercise of this right of defense, its task and purpose is to refute accusations, put forward materials and opinions in favor of criminal suspects and defendants according to facts and laws, and demonstrate that criminal suspects are innocent, have a light crime or should be given a lighter, mitigated or exempted punishment.
Second, the legal basis
Criminal procedure law
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody. If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest. In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance. Defense lawyers can understand the case when meeting with criminal suspects and defendants in custody; From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
According to the provisions of China's Criminal Procedure Law, citizens, whether lawyers or not, can defend themselves. However, because defense involves many professional legal issues, lawyers are usually invited to defend themselves. But if the lawyer himself is the defendant, he can obviously defend himself, which involves the determination of relevant criminal facts and can defend himself legally and reasonably.