Lawyers enjoy a series of rights in the court trial stage, which are aimed at ensuring that they can effectively represent their clients and protect their defense rights and legitimate rights and interests. The rights that lawyers can exercise in the court trial stage are elaborated in detail through questions, answers, summaries and legal basis.
Text:
First, the lawyer's rights at the trial stage.
1. Right of defense in court: lawyers have the right to appear in court on behalf of the parties and provide legal opinions and arguments.
2. Right of cross-examination: Lawyers can ask questions to witnesses, including opposing parties, witnesses and experts. , to obtain relevant evidence.
3. Right to investigate and collect evidence: lawyers have the right to investigate and collect evidence related to the case to ensure the sufficiency of defense.
4. Right of statement: A lawyer can make statements on the facts of the case and the application of the law, and fully show the positions and opinions of the parties.
5. Power of agency: A lawyer has the right to express the client's will of agency, including filing an appeal and withdrawing the lawsuit.
6. Right to apply for evidence preservation: Lawyers can apply to the court for evidence preservation to ensure that relevant evidence is not destroyed, lost or tampered with.
7. Right to participate in pre-trial meetings: Lawyers have the right to participate in pre-trial meetings and discuss the handling of cases with judges and other parties.
Second, the legal basis
1. Article 44 of the Lawyers Law of People's Republic of China (PRC): When lawyers present cross-examination, apply for investigation, present documentary evidence, witnesses and experts in court, and express their opinions, they have the right to ask the court to summon witnesses and experts, and put forward cross-examination requirements for witnesses and experts.
2. Article 38 of the Criminal Procedure Law of People's Republic of China (PRC): The defendant and other participants in the proceedings have the right to hire a defender, and the lawyer is the defendant's defender and has the right to participate in criminal proceedings according to law.
3. Article 65 of the Civil Procedure Law of People's Republic of China (PRC): The parties have the right to state the facts and reasons of the case by themselves, or entrust an agent to state it.
To sum up:
Lawyers' rights in the court trial stage are based on the explicit provisions of the law. These rights are aimed at ensuring that defenders can effectively perform their duties and safeguard the legitimate rights and interests of the parties. Lawyers enjoy corresponding rights in court defense, cross-examination, investigation and evidence collection, statement and other links, which provides strong support for judicial justice and the right of defense of the parties.
Legal basis:
Article 44 of People's Republic of China (PRC) Lawyers Law: "Lawyers have the right to ask the court to summon witnesses and experts and make cross-examination requests to witnesses and experts when they present cross-examination, apply for investigation, produce documentary evidence, witnesses and experts and express their opinions in court."
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC): "The defendant and other participants in the proceedings have the right to hire a defender, and the lawyer is the defendant's defender and has the right to participate in criminal proceedings according to law."
Article 65 of the Civil Procedure Law of People's Republic of China (PRC): "The parties have the right to state the facts and reasons of the case by themselves, and also have the right to entrust an agent to state it."