Can lawyers not participate in the sentencing of criminal cases?

Lawyers are useless when sentencing. You don't have to go. However, the agreement is discretionary and should appear in court (including signing the judgment on behalf of him, etc.). ) and agreed to appeal on his behalf. Lawyers or entrusted agents should appear in court. At the same time, the purpose of criminal procedure law and judicial interpretation is to serve the judgment on the agent or defender. In this respect, you should appear in court.

The second paragraph of Article 196 of the Criminal Procedure Law stipulates that "if a sentence is pronounced regularly, it shall be delivered to the party concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The judgment shall be served on both the defender and the agent ad litem. "

Article 247 of the Interpretation of the Criminal Procedure Law of the Supreme Court stipulates that "if a sentence is pronounced regularly, the time and place of the sentence shall be announced in advance before the sentence is pronounced, and the parties concerned shall be summoned to inform the public prosecutor, legal representative, defender and agent ad litem; After the judgment is pronounced, it shall be delivered immediately. " It can be seen that as a serious litigation activity, regular sentencing is similar to the procedural requirements of court trials, and all parties to the litigation must be notified in advance, but there is no specific limit on the number of days.

(In practice, in order to save the workload and avoid using the judicial police to take the defendant in and out of the detention center, many courts directly put the sentencing place in the detention center, which is also called "on-site service". Although the defender disapproves of this operation, it is understandable, but he always believes that the court should still perform the normal prior notification procedure. As for whether prosecutors and defenders will go to the detention center to participate in sentencing, this is a correct question of sentencing.