1. Does the law stipulate that lawyers can defend independently?
Yes;
According to Article 35 of the Criminal Procedure Law, the defender's duty is to provide materials and opinions on whether a criminal suspect or defendant is innocent or light, or to reduce or exempt his criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Defenders have independent litigation status. This independence is not only relative to prosecutors and courts, but also relative to defendants.
The significance of the defender's existence is, on the one hand, to safeguard the litigation rights of criminal suspects and defendants in litigation activities, and on the other hand, to supervise and balance the so-called overall judicial activities.
If you think that the defender is only the spokesman of the suspect, then defend according to the suspect's wishes. Then, if the suspect pleads guilty, there is no need for defense or defender.
This phenomenon will bring a problem: the judicial organs can force the victims to confess through coercion and inducement, or the victims themselves confess out of fear or despair or even cover up some people.
Therefore, it is necessary to give the defender an independent litigation status, and independently put forward opinions and evidence that the suspect is innocent, the crime is light, and the criminal responsibility is reduced or exempted according to facts and laws.
Second, the rights of defense lawyers:
Criminal procedure law
Article 38 A defense lawyer may provide legal aid to a criminal suspect during investigation. Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 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.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.
Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
To sum up, the lawyer's duty is to defend the plaintiff or defendant in the case, but in the course of defense, the lawyer will defend within the scope given by the parties. If the client gives all the authority to the lawyer, then the lawyer can defend himself independently. Therefore, lawyers play a great role in litigation.