The role of defenders in criminal proceedings

Help criminal suspects and defendants exercise their right to defense and safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work. Defenders have an independent litigation status in criminal proceedings, perform their duties independently according to law, and only safeguard the legitimate rights and interests of criminal suspects and defendants, and have no obligation to prosecute.

Rights of defenders

(1) The right to be entrusted as a defender.

The right to consult, extract and copy the case materials and the right to meet and communicate.

Extended data

Article 36 of the Criminal Procedure Law stipulates that:

"Defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and can meet and communicate with the criminal suspect in custody. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the criminal facts accused in this case, and can meet and correspond with the defendant in custody. "

Article 34 of the Lawyers Law stipulates that the entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to the case from the date when the case is examined and prosecuted. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the people's court accepts the case.