1. What rights do defenders have in criminal cases?
1. The right to meet and communicate means that the defense lawyer can meet and communicate with the criminal suspect in custody from the date when the people's procuratorate examines and prosecutes the case. Other defenders, with the permission of the people's procuratorate, may also meet and correspond with criminal suspects in custody. From the date when the people's court accepts the case, the defense lawyer may meet and correspond with the defendant in custody. (Article 36 of the Criminal Procedure Law)
2. The right to read papers means that the defense lawyer can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and other defenders can also consult, extract and copy the above materials with the permission of the people's procuratorate. Defense lawyers may consult, extract and copy the criminal facts and materials accused in this case from the date when the people's court accepts the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court. (Article 36 of the Criminal Procedure Law)
3. The right to investigate and collect evidence means that a defense lawyer may, with the consent of the witness 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 the witness 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. (Article 37 of the Criminal Procedure Law). Pay attention to the restrictions in this article before investigation and evidence collection. At the same time, we should also know that this article is only given to defense lawyers, and other defenders do not have this right.
4. Acting as an agent for criminal suspects and defendants means that when public security and judicial personnel illegally infringe upon the legitimate rights of criminal suspects and defendants, defenders can act as agents for criminal suspects and defendants when they are unaware of the complaint or are afraid and unable to file a complaint.
5. The right to know means that the defender has the right to be notified to appear in court three days before the trial. (Article 15 1 of the Criminal Procedure Law)
6. The right to participate in court investigation and debate means that after the public prosecutor interrogates the defendant, the defender can ask the defendant questions with the permission of the presiding judge; With the permission of the presiding judge, you can ask questions to witnesses and expert witnesses; During the trial, the defender has the right to apply for notifying new witnesses to appear in court, obtaining new material evidence, re-evaluating or conducting an inquest. At the stage of court debate, defenders can express their opinions on the evidence and the case, and they can argue with the prosecution. (Articles 155, 156, 159, 160, 175, 176 of the Criminal Procedure Law, Paragraph 2 of Article 30 of the Lawyers Law)
7. The right to refuse to defend means that if the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend. (Article 29, paragraph 2, of the Lawyers Law)
8. The right of appeal with the consent of the defendant. After obtaining the consent of the defendant, the defender may appeal against the judgment or ruling of first instance.
9. The right to request the cancellation or change of compulsory measures means that if the compulsory measures taken by the people's courts, people's procuratorates and public security organs exceed the statutory time limit, lawyers may request the cancellation or change of compulsory measures.
Second, the court appointed a defender.
(1) The circumstances in which the defense should be designated
1. The defendant is blind, deaf and dumb;
2. The defendant is a person with limited capacity;
3. The defendant is a minor. "Minors" here refer to minors at the time of trial, minors at the time of crime, and those who have reached the age of 18 at the time of trial are not included;
The defendant is a person who may be sentenced to death.
(2) The circumstances in which the defense can be specified.
In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, he may entrust a defender for him. In addition, the Supreme Court stipulates that he can be appointed as a defender in the following seven situations:
1. conforms to the economic hardship standard stipulated by the local government;
2. I really have no financial resources, and my family's economic situation cannot be ascertained;
3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion;
4 * * * In the same criminal case, other defendants have entrusted defenders;
5. Have foreign nationality;
6. Cases with significant impact;
7. The people's court believes that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing.
Defenders appointed by the people's courts are applicable to all stages of trial, including first instance, second instance and retrial. We should contact a knowledge point: how to deal with the defendant's refusal in refusal defense.
Defenders in criminal cases are usually special lawyers, but in some cases, close relatives of criminal suspects can also act as defenders themselves. In the latest amendment to the Criminal Procedure Law, the provision of "lawyer on duty" appeared. It should be noted that the lawyer on duty only provides legal consulting services for criminal suspects and defendants, and does not belong to defenders. Naturally, he will not enjoy the right to investigate and collect evidence and consult the case files.