1. What's the difference between a defender and a defense lawyer?
The difference between a defender and a defense lawyer is that a lawyer is a profession whose duty is to provide legal services to the parties. Being a defender is just one of his duties. Defender is the name of a lawyer who assists the defendant in defending in criminal proceedings. If it is in a civil lawsuit, the lawyer who assists the parties in litigation is called an agent ad litem.
Second, what are the concepts of defender and defense lawyer?
Defender: refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
Defense lawyer: refers to a lawyer who is entrusted by the defendant or appointed by the court to defend the defendant according to law in criminal proceedings. When performing defense duties, defense lawyers must properly defend according to law, and shall not arbitrarily fabricate facts, misinterpret the law or conduct illegal defense.
Third, the power of defense lawyers.
1. Providing consulting services for criminal suspects, acting as an agent for complaints and accusations,
2. Apply for bail pending trial for the arrested criminal suspect.
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend.
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant case.
5. Lawyers meet with criminal suspects and defendants without being monitored.
6. The entrusted lawyer has the right to consult, extract and copy the litigation documents and files related to this case from the date of case review and prosecution.
7. 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.
8. The entrusted lawyer may, according to the needs of the case, 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.
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, investigate the situation related to undertaking legal affairs to the relevant units or individuals on his own.
10. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
We all know that criminal suspects have the right to defend themselves, and those who can defend them are called defenders, but defense lawyers are only one kind of people who can defend themselves. Besides defense lawyers, some people can become defenders. However, due to the professionalism of lawyers and the high success rate of defense, most people will choose to entrust lawyers to defend. The above is the content compiled by Bian Xiao. There are online lawyers. If you have any questions, please feel free to consult.