According to the provisions of the Criminal Procedure Law, the defender's duty is to put forward materials and opinions on whether the criminal suspect or defendant is innocent, lighter or lighter in criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant; From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file.
In order to perform their duties, defense lawyers have the right to know the case from the criminal suspect, or they can tell the criminal suspect what they know or get through normal channels, so as to further check and understand the details of the case and determine the correct defense direction and content, which is also the normal work content that lawyers must carry out to perform their defense functions.
However, if the case is still in the investigation stage, and the lawyer tells the criminal suspect the case or evidence obtained through illegal channels or illegal means, it is suspected of breaking the law, and if the circumstances are serious, criminal responsibility will be investigated.
Criminal procedure law
Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36 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 37 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.
Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.