First, the difference between lawyers and other defenders.
(1) defense is a legal term in criminal proceedings, and a lawyer is only a qualification that can be used as a defender.
Defender refers to a person who is entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense in order to safeguard their legitimate rights and interests.
(2) Article 32 of the Criminal Procedure Law. A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
1, lawyer;
2, people's organizations or criminal suspects and defendants recommended by the unit;
3. Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
As a defender, a lawyer has the right to consult the case file in addition to the rights of the general defender, and other defenders must obtain the permission of the court to exercise this right. Article 37 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that defense lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence, or apply to the people's court for notifying 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. Defenders with general status do not enjoy the latter two rights stipulated in the law.
2. What are the rights of defenders and what rights do defenders enjoy?
(a) the right to meet and communicate
1, non-lawyer defenders do not enjoy it independently.
2. Meeting procedures: 1 three certificates-lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter; 2. 48 hours at the latest in the detention center; Three types of cases-crimes endangering national security, terrorist activities and particularly serious bribery cases-shall be approved by the investigation organ during the investigation period, and the investigation organ shall notify the detention center in advance.
(two) the right to know the situation of the case (exclusive to the defense lawyer)
Defense lawyers can provide legal aid to criminal suspects 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.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice.
(3) The right to verify evidence (exclusive to defense lawyers)
From the date when the case is transferred for examination and prosecution, the defense lawyer may verify the relevant evidence from the criminal suspect or defendant.
(4) The right not to be monitored (exclusive to defense lawyers)
Defense lawyers are not monitored when meeting with criminal suspects and defendants.
(five) the right to read papers (non-lawyer defenders do not enjoy independently)
From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
(six) the right to investigate and collect evidence, the right to apply for investigation and collect evidence (exclusive to defense lawyers and different witnesses)
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.
(7) The right to apply for evidence.
Defenders have the right to apply to the people's procuratorate or the people's court for obtaining the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light crimes of the criminal suspects and defendants during the investigation, examination and prosecution.
(8) Right to know
1. Notice of transfer after case investigation (defense lawyer)
When investigating a closed case, the public security organ shall ensure that the facts of the crime are clear and the evidence is true and sufficient, write a prosecution opinion and transfer it to the people's procuratorate at the same level for examination and decision together with the case file and evidence; At the same time, inform the criminal suspect and his defense lawyer about the transfer of the case.
2. Notice of hearing related information
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
(9) The right to state the opinions of defense.
1, before the end of the investigation
Before the end of the case investigation, if the defense lawyer makes a request, the investigation organ shall listen to the opinions of the defense lawyer and record them. If a defense lawyer puts forward a written opinion, it shall attach a volume.
2. Review and prosecution
When examining a case, the people's procuratorate shall interrogate the criminal suspect, listen to the opinions of the defender, the victim and his agent ad litem, and put them on record. If defenders, victims and their agents ad litem put forward written opinions, they shall attach a volume.
(10) The right to participate in court investigations and court debates.
(eleven) the right to refuse to defend
(12) Right of confidentiality (exclusive to defense lawyers)
Defense lawyers have the right to keep confidential the relevant information and information of their clients they know in their practice activities. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
(thirteen) the right of appeal (with the consent of the defendant or his legal representative)
(14) Other rights (right of appeal, right of accusation, right of obtaining relevant legal documents, right of applying for withdrawal, right of reconsideration).
It mainly includes the right to obtain legal documents related to the exercise of defense rights and the right to accuse public security and judicial personnel of illegal acts.
Three, the lawyer as a defender should pay attention to the problem
First, accept the entrustment.
After the criminal case is transferred for examination and prosecution, the law firm can accept the lawyer appointed by the criminal suspect himself or his relatives and friends as the defender, and can also accept the lawyer appointed by the victim, his legal representative or close relatives, the parties involved in incidental civil litigation or his legal representative or close relatives as the litigation agent. Handle the entrustment formalities according to the regulations of the firm. If a criminal suspect entrusts himself, he shall put his handprint on the power of attorney. If an agent is entrusted, a copy of the ID card shall be provided, and the power of attorney shall be fingerprinted.
Second, consult, extract and copy the files.
After accepting the entrustment, the lawyer shall promptly submit the power of attorney, the official letter of the law firm and the copy of the lawyer's practice license to the procuratorate undertaking the case. After the lawyer submits the formalities, he can consult, extract and copy the file. When consulting, extracting and copying, we should obey the arrangement of the procuratorate and its system. Lawyers shall keep confidential the case information obtained by consulting, extracting and copying, and shall not copy or provide it to clients in other ways. Lawyers shall properly keep the files obtained by consulting, extracting and copying, and shall not place them at will to prevent them from being lost or copied by others without permission. Third meeting and correspondence
After submitting the entrustment formalities to the procuratorate at the stage of examination and prosecution, the defense lawyer can meet the criminal suspect in the detention place with the prosecution opinion, power of attorney, letter of introduction to meet the law firm, special certificate for meeting the lawyer and lawyer's practice certificate. If the suspect is not in custody, the defense lawyer may go to the suspect's home with a lawyer's practice certificate or notify him to meet with the law firm.
To sum up, according to the laws of our country, a defender is a legal term in criminal proceedings, and a lawyer is only a qualification that can be used as a defender, so a lawyer can be a defender, but a defender is not necessarily a lawyer. The above is the relevant knowledge that distinguishes you from other defenders. If you have any other questions or questions, please feel free to consult.