Lawyers have the right to defend bad people. As a legal profession, lawyers have professional technical literacy, professional ethics and independent evaluation criteria. China's "Lawyer Law" clearly stipulates that a lawyer is a practitioner who accepts entrustment or assignment and provides legal services to clients. To this end, lawyers provide legal services to all potential clients, which naturally include suspects and defendants suspected of committing crimes. Lawyers should not only abide by the general ethics of ordinary legal persons, but also abide by professional ethics-the first thing is to seek the greatest interests for the parties within the scope of the law. Therefore, the lawyer's legal system and professional rules have specially constructed a barrier, placing the client and lawyer in the same interest category, giving priority to protecting the legitimate rights and interests of the client, and determining the boundaries and benchmarks of behavior. For example, serving the parties naturally requires confidentiality, striving for the greatest interests as much as possible, and using all legal conditions and opportunities to compete with the prosecution. In this sense, lawyers are the development and self-realization of clients' personality, and they are "selfish" and self-interested. As a professional group, lawyers can't refuse to defend, just as prosecutors can't refuse public prosecution and judges can't refuse trial. Even in criminal cases, lawyers must provide legal services to the so-called "bad guys" from the perspective of the general public, which is due to their professional status, just as doctors should serve patients and actors should serve roles. From a normative point of view, there is no institutional obstacle to defending the "bad guys". The mechanism is as follows: first, as a criminal suspect or defendant in a criminal case, he is presumed innocent before a fair trial. Since he is innocent, he can't make good or bad legal or even moral judgments. When accepting an entrustment, a lawyer can't, can't and don't need to distinguish between the parties suspected of committing a crime to decide whether to provide a defense. They only need to weigh whether it is appropriate to accept the entrustment according to their professional judgment. Second, even suspects with clear criminal facts cannot be equated with the so-called "bad guys" in our daily life, because the former is a rigid legal judgment and the latter is a moral judgment, which will change with the times. Third, even if criminal suspects should be classified as "bad guys", once the social concept and even the system do not support providing legal services for them, some people will inevitably lose the opportunity and right to get a fair trial, which will easily lead to unjust, false and wrong cases or improper criminal responsibility. However, the biggest drawback of the theory that "bad guys should not be defended by lawyers" lies not in the legal system itself, but in the moral condemnation and depreciation of lawyers engaged in this industry by the public psychology, which makes it difficult for lawyers to practice. Intellectually, as we all know, the law stipulates that any criminal suspect has the right to entrust a lawyer to defend, but in terms of psychological concepts and even behaviors, some people "despise" or even "hate" this behavior, voicing their opinions and rolling their eyes in public opinion. To change this misunderstanding of social mentality, we need to understand another important issue, that is, why the so-called "bad guys" should enjoy the right to defense.
Legal objectivity:
Innocent defense means that the defendant and his defense lawyer defend the defendant in court. According to the provisions of China's criminal law and criminal procedure law, a plea of innocence can be made under the following circumstances: 1. The defendant has no subjective elements of committing a crime, either intentionally or negligently. A crime with intention as the constitutive element of a crime does not constitute an intentional crime, because the defendant has no subjective intention. A crime with negligence as the constitutive element of a crime does not constitute a negligent crime because the defendant has no negligence. It is neither intentional nor negligent, and does not constitute any crime. Second, the defendant is not the subject of the crime, and the crime must also meet the main requirements stipulated in the criminal law. People under the age of 14 are not criminally responsible for committing crimes, while people over the age of 14 and under the age of 16 are not criminally responsible for committing crimes, except for eight counts of intentional homicide, intentional serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning. Article 18 of the Criminal Law stipulates that if a completely mentally ill person commits a crime or an intermittent mentally ill person commits a crime, he shall not bear criminal responsibility. Third, the evidence of the defendant's criminal behavior is insufficient. The basic principles of law, such as "a legally prescribed punishment for a crime" and "the adaptation of crime and punishment", are the basic principles of criminal trial. The criminal procedure law establishes the principle of presumption of innocence. Evidence can not form a complete chain of evidence or the chain of evidence is out of line, which will affect the determination of criminal facts and should be pleaded not guilty. 4. The evidence obtained by the case-handling organ in violation of legal procedures is used to prove that the facts of the case are very likely to be wrong, and its authenticity and impartiality are difficult to guarantee. Article 43 of the Criminal Procedure Law stipulates that "judges, prosecutors and investigators must collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes in accordance with legal procedures. It is strictly forbidden to extort confessions by torture and collect evidence by illegal methods such as threats, temptations and deception. " Article 6 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of the Criminal Procedure Law clearly stipulates: "It is strictly forbidden to collect evidence by illegal means. Witnesses' testimony, victim's statements and defendant's statements obtained by extorting a confession by torture or by threatening, luring or cheating, etc., cannot be used as the basis for finalizing the case. "Therefore, the evidence obtained by failing to perform the statutory obligation of informing or violating the procedure should be resolutely denied. Fifth, criminal law does not consider it a crime. For example, Article 13 of the Criminal Law stipulates that "the circumstances are obviously minor and the harm is not great" does not constitute a crime; Article 16 of the Criminal Law stipulates that harmful acts caused by "force majeure" or "unforeseeable" reasons do not constitute a crime; Article 20 of the Criminal Law stipulates that self-defense is not criminally responsible; Article 21 of the Criminal Law stipulates that there is no criminal responsibility for emergency hedging. Six, the criminal law will not be investigated for some acts, although it has caused serious damage to the obligee, but due to its special reasons, it will not be investigated for criminal responsibility. For example, Article 87 of the Criminal Law stipulates that those who exceed the limitation of prosecution shall not be investigated, and Article 15 (4) of the Criminal Procedure Law stipulates that if the victim of a private prosecution case fails to prosecute or withdraws his prosecution, he shall not be investigated.