First, the outgoing judge cannot serve as an agent ad litem or defender in the court of first instance for life;
Second, a judge shall not act as an agent ad litem or defender in any court as a lawyer within two years after leaving office; But it does not rule out that you can act as an agent ad litem or defender in a court other than the court of first instance, like other non-lawyers.
First, can't a lawyer find someone to represent him?
Not a lawyer can also defend others, because our country's laws stipulate that it is not necessarily a professional lawyer to defend the defendant, but the defendant's close relatives, guardians, relatives and friends, the defendant's unit and citizens recommended by relevant people's organizations can all serve as defenders.
According to 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. 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.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
2. Can a close relative of the defendant be a defender?
The law stipulates that the relatives of the defendant can defend themselves.
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their 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.
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. A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. That is, a criminal suspect or defendant can entrust two defenders at most. In the case of * * * accomplice, because of the interest relationship between the criminal suspect and the defendant, a defender may not accept the entrustment of two or more co-defendants as his * * * accomplice defenders at the same time. Defenders undertake defense functions together with criminal suspects and defendants in criminal proceedings. Defenders should actively confront the complainant who undertakes the appeal function according to the facts and laws, and put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to urge the judge to listen to the opinions of both parties and make a fair judgment on the basis of neutrality. Therefore, it is of great significance to establish a defender defense system in criminal proceedings.
1. Defender's defense system is of great significance for promoting and guaranteeing judicial justice and procedural democracy. The implementation of the defense system is conducive to the correct handling of cases by judicial organs, preventing the subjective one-sidedness of case handlers, thus avoiding the occurrence of unjust, false and wrong cases.
2. Defender defense system is conducive to the public security and judicial organs to safeguard the legitimate rights and interests of criminal suspects and defendants. In criminal proceedings, because criminal suspects and defendants are in the position of being prosecuted, their personal freedom is often restricted, and they can't fully and deeply understand the case, and they can't collect evidence materials that are beneficial to them, so it is difficult to exercise their right to self-defense; On the other hand, most criminal suspects and defendants lack legal knowledge, do not know what litigation rights they enjoy, how to exercise these rights, and do not know the legal consequences of their actions. Therefore, most criminal suspects and defendants cannot correctly use the law to defend themselves in order to safeguard their legitimate rights and interests. Defenders are mainly defense lawyers, who have both legal knowledge and extensive litigation rights, and can fully and concretely understand the case. At the same time, defense lawyers have rich defense experience and skilled litigation skills, which can help criminal suspects or defendants correctly exercise their defense rights, thus protecting their legitimate rights and interests more effectively.
3. Defender's defense system is conducive to better completing the educational task of criminal proceedings. In court, the debate between the prosecution and the defense can make the audience fully understand the case, distinguish right from wrong, and enhance citizens' legal concept.
If a lawyer, a people's organization, a person recommended by the defendant's unit and the defendant's guardian, relatives and friends are entrusted as defenders, the people's court shall verify their identity certificates and power of attorney.
Three, compulsory medical cases need to appoint an agent ad litem?
In compulsory medical cases, if the parties have entrusted an agent ad litem, they may not entrust an agent ad litem. If a party fails to entrust an agent ad litem, the people's court shall notify the legal aid institution to appoint an agent ad litem to provide legal aid.
Is it necessary to appoint a defender for the defense of compulsory medical care?
1. It is conditional for the people's court to appoint a defender for the defendant in a criminal case. According to the relevant regulations, the people's court shall appoint a defender for the defendant who has not entrusted a defender in any of the following circumstances:
(1) people who are blind, deaf, dumb or have limited capacity;
(2) Minors under the age of 18 at the time of trial;
(3) Persons who may be sentenced to death.
2. The people's court may appoint a defender for the defendant in any of the following cases:
(1) conforms to the economic hardship standard stipulated by the local government;
(2) I really have no source of income, and my family's economic situation cannot be ascertained;
(3) I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion;
(4) In criminal cases, other defendants have entrusted defense;
(5) Having foreign nationality;
(6) Cases with significant social impact;
(7) The people's court believes that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing.
According to the "Implementation Opinions of the Supreme People's Court on Implementation", the time limit for judges and staff at or above division level in the Supreme People's Court to resign from public office is 3 years, and that for other staff is 2 years. It is forbidden for a resigned person to be employed by a law firm during the restricted period.