If a lawyer can be changed in the middle of criminal proceedings, the defendant may entrust one or two lawyers as defenders, or entrust a lawyer or terminate the entrustment relationship with a lawyer. Changing a lawyer needs to inform the original lawyer or the case-handling organ to terminate the entrustment relationship, which generally will not bring trouble to the client.
Article 32 of the Criminal Procedure Law stipulates that a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. 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.
Article 33 of the Criminal Procedure Law stipulates that a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Extended data:
When a lawyer acts as a criminal defender, he shall, according to facts and laws, put forward 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, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant. ?
When lawyers participate in litigation activities, they can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court, participate in litigation and enjoy other rights stipulated in the procedural law.
Criminal suspects and defendants have the right to entrust defense lawyers to participate in litigation. Defense lawyers are not only spokespersons, but also should abide by professional ethics and seek benefits for their clients.
According to Article 43 of the Criminal Procedure Law, during the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him. If the parties think that the performance of defense lawyers cannot safeguard their legitimate rights and interests, the law gives them the right to change lawyers.
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