1. What risks do criminal defense lawyers face?
Risks include personal risks, power restriction risks, risks brought by parties and risks brought by public security organs.
1, the personal rights and interests of defense lawyers are vulnerable, and the risks and pressures of lawyers' practice increase. To some extent, the participation of defense lawyers in litigation is also an important symbol of criminal justice civilization in modern countries. However, due to the influence of history and ideas, lawyers are often regarded as "people who speak for the bad guys" and "opponents of the public security law". In China's judicial practice, violations of lawyers' personal rights and democratic rights occur from time to time, especially after the introduction of "perjury" in Article 306 of the Criminal Law, the professional risk of lawyers' criminal defense is even greater.
2. There are many restrictions on the exercise of lawyers' rights, and there are many "problems" in lawyers' defense. Although the current criminal procedure law stipulates that defense lawyers have the right to read papers, meet, investigate and collect evidence, lawyers are always subject to many restrictions when they really want to exercise these rights, and there is no relief procedure.
3. The risks that the parties may bring to lawyers. When a lawyer defends his client, his interests are consistent with those of the client, and there is no conflict of interest between the two sides. However, some clients may induce lawyers to engage in illegal activities for their own interests, or push the adverse consequences originally caused by their own reasons to lawyers for their own protection. Some lawyers, because of their own inexperience or too much trust in their clients, have suffered stupid losses and taken risks they should not have taken.
4. Risks that specialized agencies may bring to lawyers. Defense lawyers need to find evidence of innocence and light crime in the charges against criminal suspects and defendants, and protect the legitimate rights and interests of the parties from infringement in the face of powerful public power. Their interests in the lawsuit are contrary to those of the procuratorate.
Therefore, when the defendant changes the original confession after meeting with the lawyer, the defense lawyer is likely to be prosecuted for "destroying or forging evidence, or helping the parties to destroy or falsify evidence, threatening or inducing witnesses to change their testimony or making perjury against the facts". The lawyer who originally helped the defendant became the defendant himself, which is a great risk for any lawyer, which not only means that his lawyer career may be destroyed, but also may face jail.
2. What rights do defense lawyers have?
1. Providing legal services for criminal suspects, representing 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.
A defense lawyer in a criminal case must be authorized by the client in the course of his practice, that is, when handling a case. Without the personal authorization of the defendant, it is generally believed that he has no right to represent. At this time, lawyers should bear corresponding responsibilities. If losses are caused, compensation shall be made. The people's court shall examine the lawyer's agency qualification at the hearing. If there is no review, it will be regarded as court dereliction of duty.