1. During the review and prosecution stage, a lawyer can be the client:
(1) Apply to the People’s Procuratorate or People’s Court to obtain evidence proving the innocence or guilt of the criminal suspect or defendant (2) With the consent of witnesses or other relevant units and individuals, materials related to the case can be collected from them;
(3) Can be consulted, excerpted, Copy the case file.
2. Legal basis: Criminal Procedure Law
Article 40
From the date of review of the prosecution case by the People’s Procuratorate, defense lawyers may review, excerpt, Copy case file materials. Other defenders may also consult, excerpt, and copy the above-mentioned materials with the permission of the People's Court or People's Procuratorate.
Article 41
If the defender believes that the evidence and materials collected by the public security organs and the People’s Procuratorate prove that the criminal suspect or defendant is innocent or the crime is minor, during the investigation, review and prosecution If it has not been submitted, you have the right to apply to the People's Procuratorate or People's Court for retrieval.
Second, whether the lawyer has the obligation to provide legal aid.
1. Legal aid refers to a legal security system in which legal aid agencies established by the government organize legal aid lawyers to provide free legal services to parties with financial difficulties or special cases.
2. Special cases refer to cases where, according to Article 34 of the Criminal Procedure Law of the People's Republic of China, the defendant is blind, deaf, mute or a minor and does not appoint a defender, or the defendant Cases in which the person may be sentenced to death without retaining a defender and should receive legal aid. Therefore, not all lawyers have the obligation to provide legal aid. Only lawyers under certain conditions have the obligation to provide legal aid.
Perhaps ordinary people will look at related criminal activities directly from the perspective of right and wrong, but lawyers are not allowed to do this. As a suspect in a criminal case, even if he is extremely vicious, he still has some legitimate rights and interests and should be respected by the judicial department. Throughout the entire process, it was precisely because of the lawyers that the rights and interests of the criminal suspects were fully protected. Hope the above content can be helpful to you. If you have any other questions, you can click the button below to consult a professional lawyer.