The right to defense is a basic right of the defendant, who has the right to defense, and the people's court has the obligation to ensure that the defendant has the right to defense. The right of defense is the right to guide the criminal defendant and his defenders to defend, refute and refute the accused and investigated crimes from the aspects of facts, evidence, law and punishment, so as to safeguard the legitimate rights and interests of the defendant and make the case be handled fairly and legally; Refers to the right given by the criminal procedure law to the parties and their defenders to defend against accusations.
2. What rights do defense lawyers have?
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 lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody.
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, 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.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect. During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence and for re-appraisal or inspection.
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The work of lawyers pays more attention to the fairness of procedures, and it is easy for some procuratorial departments to think that lawyers hinder the smooth trial of cases, thus causing doubts and misunderstandings about lawyers.
The justice of law includes the justice of result and the justice of procedure. In the judicial process, especially in the litigation process, there is no result justice without procedural justice. For this contradiction, the unanimous view is that procedural justice is more important than result justice. Because, if the fairness of the procedure cannot be realized, the fairness of the result is out of the question, and only talking about the fairness of the result without paying attention to the fairness of the procedure may also lead to unjust, false and wrong cases. Procedural justice is the macro justice of law; However, the fairness of the result is the micro-fairness of specific cases, so the procedural fairness is far more important than the fairness of the result. If procedural justice can be realized, the justice of the result will be guaranteed, and procedural justice will further urge government officials to act according to law and not abuse their powers. This is also the more important significance of what we usually call the "procedure" of lawyer business.
Based on the above reasons, lawyers not only help the parties to seek justice in the outcome, but also play a balancing role in the judicial process. Especially in the process of criminal defense, lawyers can find out the doubtful points of evidence and the illegal points of law enforcement personnel through defense, all in order to protect the defendant's right to defense and safeguard the fair implementation of the law. After the promulgation of China's newly revised Criminal Procedure Law, some principles in criminal trial have been revised, such as "no one can be convicted without court trial" and "evidence can only be confirmed after cross-examination". These principles are the focus of lawyers' work. Of course, compared with the old criminal trial principles, these aspects undoubtedly increase the difficulty of the procuratorial department. Due to the different angles between lawyers and procuratorial departments in the process of large-scale criminal trials, when lawyers raise objections according to law, they are often regarded as setting obstacles in a targeted manner by the prosecution, or even as colluding with the defendant. It is for this reason that lawyers' professional rights and interests are violated, mostly in the course of litigation.
Therefore, a correct understanding of the significance of procedural justice plays an important role in coordinating the work of procuratorial departments and lawyers. Although the division of labor between the prosecution and the defense is different in the trial of the case, the goal is the same. Only by understanding this point can the procuratorial department eliminate unnecessary doubts and misunderstandings, thus effectively reducing the occurrence of infringement cases.
You have clarified "What is the right of defense? What rights do defense lawyers have? " The right of defense means that the criminal suspect refutes the crime he is accused of, so that it will not be unfair. You can find a lawyer to defend you, or you can find some evidence to prove it. If you have any questions, please consult a lawyer.