1. After being detained in criminal detention, the procedures for entrusting a lawyer as a defender include:
(1) accepting entrustment. When a client entrusts a lawyer to participate in litigation business, he shall truthfully and comprehensively state all the facts related to the case and shall not conceal his own faults or unfavorable factors. After a comprehensive study and review of the relevant facts, a lawyer can accept the entrustment of the client if he meets the conditions for accepting the entrustment.
(2) Handling entrustment procedures. After the lawyer agrees to accept the entrustment, the client shall go through the entrustment formalities with the lawyer. Entrusting procedures generally include:
(1). conclude a civil agency contract. Civil agency contract is a written legal document signed by law firm and client to confirm the establishment of agency relationship. The entrustment contract is made in duplicate, one for the client and one for the legal service office;
(2) fill in the power of attorney. Power of attorney is a legal document signed by the client unilaterally, which gives the lawyer the right of agency in litigation activities and is the basis for lawyers to engage in functional activities in litigation. The power of attorney is made in duplicate, one for the relevant case-handling organ and the other for the entrusted lawyer to file. Before handling the entrustment formalities, the client shall pay the lawyer's agency fee according to the prescribed standards.
(3) The client shall submit the following materials to the lawyer:
(1). The identity or qualification certificate of the party concerned;
(2) Documentary evidence, physical evidence and other materials related to the case.
2. Legal basis: Articles 34 and 39 of the Criminal Procedure Law of People's Republic of China (PRC).
Second, what is the responsibility of the defender?
(1) Defenders shall safeguard the legitimate rights and interests of criminal suspects and defendants according to facts and laws. "Based on facts" refers to the materials and opinions that realistically put forward that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted. It must be based on facts, not speculation, speculation or even fabrication. "According to law" means taking law as the criterion and basis of defense on the basis of factual evidence. Whether it is innocence, guilt, light crime or heavy crime, it must be based on legal provisions. "According to facts and laws" is the code of conduct for defenders to defend criminal suspects and defendants and safeguard their legitimate rights and interests. However, if a criminal suspect or defendant practices fraud and violates the law in order to avoid criminal investigation or mitigate punishment, it cannot be considered as safeguarding the legitimate rights and interests of the criminal suspect or defendant or performing their duties correctly.
(2) In order to safeguard the legitimate rights and interests of criminal suspects and defendants, defenders should provide materials and opinions to prove that criminal suspects and defendants are innocent, have a light crime or have their criminal responsibilities reduced or exempted. This is the main work that defenders should do, and it is also the only correct way for defenders to safeguard the legitimate rights and interests of criminal suspects and defendants. "Put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or their criminal responsibility is reduced or exempted", that is, the defender understands the case from the criminal suspect or defendant and investigates the victim or other witnesses according to the procedures prescribed by law. When collecting relevant evidence materials, on the basis of respecting objective facts, we should pay attention to understanding and collecting all kinds of evidence that can prove that the suspect has not committed a criminal act, or that although he has committed a criminal act, he has circumstances that can be lightened, mitigated or exempted from punishment, such as whether the suspect is underage, whether he has performed, whether he plays a secondary role in it, etc. And put forward relevant evidence and defense opinions to the judicial organs.
According to the provisions of the Criminal Procedure Law, the procedures for entrusting a lawyer as a defender in criminal cases are: determining the defense lawyer and negotiating with the lawyer about the scope and authority of entrustment; Sign the entrustment agreement; The client provides the lawyer with the power of attorney, a copy of identity certificate and other materials.