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1, investigation stage
(1) defense lawyer: (non-defender status)
(1) Providing legal advice, litigation and accusation to criminal suspects (Article 96).
(2) If the suspect is arrested, the lawyer hired can apply for bail pending trial. (3) The entrusted lawyer has the right to know the alleged charges of the criminal suspect from the investigation organ.
(4) You can meet the criminal suspect in custody and learn about the case from the criminal suspect.
⑤ If the people's courts, people's procuratorates and public security organs take compulsory measures beyond the statutory time limit, they have the right to demand the cancellation of compulsory measures (Article 75).
(2) Other defenders-no rights.
2. Review and prosecution stage
(1) Right to read papers: (Article 36)
(1) Defence lawyers: they can consult, extract and copy the litigation documents and technical appraisal materials of this case.
② Other defenders: With the permission of the people's procuratorate, they can also consult, extract and copy the above materials.
(2) Right to meet and correspond (Article 36)
(1) defense lawyer: You can meet and correspond with the criminal suspect in custody (cases involving state secrets do not need approval).
Other defenders: with the permission of the people's procuratorate, they can also meet and correspond with criminal suspects in custody.
(3) Right to investigate and collect evidence: (Article 37)
Defence lawyer: A. With the consent of witnesses or other relevant units and individuals, materials related to this case can be collected from them.
B, can apply to the people's procuratorate and the people's court to collect and obtain evidence.
C, 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, you can collect materials related to this case from them.
D, apply to the people's court to notify the witness to testify in court.
② Other defenders: No such right.
(4) Right to express opinions (Article 139)
both
(5) Right to apply for bail pending trial (Article 39)
Only defense lawyers have this right.
(6) If the people's courts, people's procuratorates and public security organs take compulsory measures beyond the statutory time limit, they have the right to demand the cancellation of compulsory measures (Article 75)-both.
3. Trial stage
(1) Right to read papers: (Article 36)
(1) Defence lawyers: they can consult, extract and copy the materials of the alleged criminal facts in this case.
② Other defenders: With the permission of the people's court, they can also consult, extract and copy the above materials.
(2) Right to meet and correspond (Article 36)
(1) defense lawyer: you can meet and correspond with the criminal suspect in custody.
Other defenders: With the permission of the people's court, they can also meet and correspond with criminal suspects in custody.
(3) Right to investigate and collect evidence: (Article 37)
Defence lawyer: A. With the consent of witnesses or other relevant units and individuals, materials related to this case can be collected from them.
B, can apply to the people's procuratorate and the people's court to collect and obtain evidence.
C, 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, you can collect materials related to this case from them.
D, apply to the people's court to notify the witness to testify in court.
② Other defenders: No such right.
(4) Right to apply for bail pending trial (Article 39)
Only defense lawyers have this right.
(5) The right of cross-examination, application and debate. (both)
(6) Dependent right of appeal (Article 180)
Defenders and close relatives of the defendant may appeal with the consent of the defendant.
However, if the defender is a legal representative, he may appeal without the consent of the defendant.
★ During the trial, when providing the evidence of the defendant's innocence or light crime, the defense lawyer thinks that the evidence materials collected by the investigation organ and the people's procuratorate to prove the defendant's innocence or light crime need to be presented in court, and can apply to the people's court to obtain the evidence materials from the people's procuratorate.
You can also consult, extract and copy the evidence materials in the people's court. (article 13 of the regulations of six ministries)