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. Article 40 of the Criminal Procedure Law stipulates: "Defense lawyers may 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 may meet and correspond with the criminal suspect in custody. Other defenders may also consult, extract and copy the above materials with the permission of the people's procuratorate. " Article 39 of the Criminal Procedure Law stipulates: "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. "
3. Right to investigate and collect evidence. This is the right of defense lawyers, and other defenders do not have this right. Article 43 of the Criminal Procedure Law stipulates: "With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, 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 witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. "
4. The right to express defense opinions at the stage of examination and prosecution.
5. The right to participate in court investigations and court debates.
The right of appeal with the consent of the defendant.
If the compulsory measures exceed the statutory time limit, the defender has the right to demand cancellation.
8. Representation.
The right of independent defense according to law and personal rights are inviolable.
10 denied the right of defense. If a defense lawyer finds that the entrusted matter is illegal, the client engages in illegal activities by using the services provided by the lawyer or the client conceals the facts, he has the right to refuse to defend.
Special attention: the litigation rights of defense lawyers and other defenders are not exactly the same, and the litigation rights of defenders are not the same at different stages of litigation. Pay attention to the difference.
2. The obligations of the defender
The obligations of defenders mainly include: according to facts and laws, putting forward materials and opinions to prove the innocence of criminal suspects and defendants, lightening or reducing or exempting criminal responsibility, and safeguarding the legitimate rights and interests of criminal suspects and defendants; Defense lawyers and other defenders shall not help criminal suspects and defendants to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to change their testimony or commit perjury or engage in other acts that hinder judicial procedures.
Second, the concept of defender.
A defender refers to a person who is entrusted by a criminal suspect or defendant or appointed by a people's court to help the criminal suspect or defendant exercise their right to defense in order to safeguard their legitimate rights and interests.
Article 33 of the Criminal Procedure Law: "A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense".
Special attention: in the case of * * * accomplice, the defender shall not accept the entrustment of two or more criminal suspects, defendants and their accomplices in the same case at the same time.
Third, the scope of defenders.
Article 33 of the Criminal Procedure Law: "The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. "
Fourthly, the position and responsibility of the defender.
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.
Article 37 of the Criminal Procedure Law stipulates: "The responsibility of the defender is to provide materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, and to safeguard the legitimate rights and interests of the criminal suspect or defendant."