1. As long as the defender has the rights stipulated in the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and relevant judicial interpretations, it belongs to the lawyer's agency authority and is also the lawyer's responsibility, and it is not necessary to specify it clearly in the power of attorney.
For example, defenders have the following rights: the right to meet, the right to read papers, the right to defend, the right to appeal and accuse on their behalf, the right to apply for changing compulsory measures, and the right to put forward opinions. For public power, this is the right of lawyers, and for the parties, this is also the responsibility of lawyers. As a defender, we should give full play to our rights and safeguard the legitimate rights and interests of the parties within the scope prescribed by law.
2. Relevant laws and regulations:
Article 35 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defender's duty is to put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects and defendants according to facts and laws, and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 36 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 31 of the Lawyers Law of People's Republic of China (PRC) * * * As a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of the criminal suspect and defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect and defendant.
Extended data
Key points of making power of attorney in criminal proceedings;
1, name of client, names of entrusted lawyers and other agents ad litem.
2. Power of attorney and the agency authority of other agents ad litem.
3. The starting and ending time for the power of attorney to take effect
4. Finally, the client shall personally sign it, and indicate the specific time of signing the power of attorney.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law