Can the lawyer on duty provide criminal defense?

The assigned lawyer on duty shall not appear in court to defend. It should be pointed out that even the assignment of duty lawyers is limited. After leaving the court, judges and other staff members of the people's courts in China cannot act as defenders of cases tried by the original court, except that judges and other staff members act as guardians or close relatives of defendants in criminal cases.

1. Can the assigned lawyer appear in court to defend?

Lawyers on duty are not allowed to appear in court. Many grass-roots courts in China have set up duty lawyers. These lawyers are generally stationed in legal aid workstations and have played an important role in judicial practice. However, the legal status and legal function of the lawyer on duty are not clear, which affects the function of the lawyer on duty. Many lawyers on duty often only play the role of legal consultation and writing legal documents, and other functions, especially legal aid, are not fully exerted.

Article 36 of the Criminal Procedure Law

Legal aid institutions can send lawyers to be on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.

Two, legal aid lawyers on duty shall perform the following duties according to law.

1. Answer legal advice.

2 to guide and help criminal suspects, criminal defendants and their close relatives to apply for legal aid and hand over the application materials.

3. In the pilot reform of the lenient system of confession and punishment, provide legal advice, program selection, application for change of compulsory measures and other legal assistance to criminal suspects and criminal defendants who voluntarily confess their guilt and punishment, and put forward opinions on the conviction and sentencing suggestions of procuratorial organs. The criminal suspect shall sign a confession and repentance in the presence of the lawyer on duty.

4. Acting as an agent for complaints and accusations of extorting confessions by torture or illegally obtaining evidence.

5. To undertake other tasks assigned by legal aid institutions.

6. Legal aid lawyers do not provide court defense services. A criminal suspect or defendant who meets the requirements of legal aid may be represented by a lawyer appointed by a legal aid institution upon application or notification.

At present, lawyers on duty are still not allowed to appear in court in China, and at most they make statements and charges on behalf of criminal suspects. If a criminal suspect needs a lawyer to defend him, the people's court will generally appoint a lawyer to defend him in court. At present, the most common thing for lawyers on duty is to provide legal advice. At this time, we need to pay attention to the relevant procedural provisions of criminal proceedings in time to protect our rights and interests.