Can public lawyers be jurors?
According to the relevant laws and regulations of our country, lawyers, notaries, arbitrators, grassroots legal service workers and judicial personnel cannot serve as people's jurors.
People's Republic of China (PRC) Juror Law
Article 6 The following persons shall not serve as people's jurors:
(1) Members of the Standing Committee of the People's Congress, and staff of the supervisory committee, people's courts, people's procuratorates, public security organs, state security organs and judicial administrative organs;
(2) Lawyers, notaries, arbitrators and grassroots legal service workers;
(3) Other persons who are not suitable to serve as people's jurors due to their positions.
Article 7 No one may serve as a people's juror under any of the following circumstances:
(1) Having received criminal punishment;
(2) Being expelled from public office;
(3) The practicing certificates of lawyers and notaries have been revoked;
(4) Being included in the list of untrustworthy persons;
(5) Being removed from the post of people's juror due to punishment;
(six) other serious violations of law that may affect the credibility of the judiciary.
What rights do defense lawyers have at the trial stage?
1, the defense lawyer can meet and correspond with the defendant in custody. Defense lawyers can meet and correspond with defendants in custody, listen to their introduction and defense opinions on the case, and at the same time preach the law to them. Other defenders must obtain permission from the people's court to exercise this right.
2. With the consent of the witness or other relevant units and individuals, the defense lawyer may collect materials related to the case from him, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify the witness to testify in court. This is the right given to lawyers by law to investigate and collect evidence, and other defenders do not have this right. Lawyers, with the consent of witnesses or other relevant units and individuals, collect physical evidence, documentary evidence, audio-visual materials and witness testimony to prove whether the defendant committed a crime or not.
3. From the date when the people's court accepts the case, the defense lawyer may consult, extract and copy the criminal facts alleged in this case. According to the provisions of the Criminal Procedure Law, when a procuratorial organ initiates a public prosecution, it shall submit to the people's court the indictment, the list of evidence, the list of witnesses and the copies or photos of the main evidence with clear allegations. When a private prosecutor brings a suit in a people's court, he shall submit to the people's court relevant evidential materials to prove the defendant's crime, and the defense lawyer may consult, extract and copy them. Other defenders may also exercise this right with the permission of the court.
In the process of court trial, defense lawyers believe that some evidence collected by public security organs and procuratorial organs is beneficial to the defendant, which can prove the defendant's innocence or guilt and needs to be presented in court, but the evidence material has not been provided to the court by the procuratorial organs as the main evidence, defense lawyers can apply to the people's court for the evidence material to be transferred from the people's procuratorate.
The trial stage is the stage when criminal cases are prosecuted by the procuratorate to the court according to law. Generally, at this stage, the defendants are all detained. At the same time, it is necessary to collect relevant evidence materials in the course of litigation, so the right of defense lawyers at the trial stage is mainly to meet the defendant and collect some evidence.
The above knowledge is my answer to relevant legal questions. According to the relevant laws and regulations of our country, lawyers, notaries, arbitrators, grassroots legal service workers and judicial personnel cannot serve as people's jurors.