Knowledge points of the new criminal procedure law: the obligations of defenders

Articles 33, 35, 40, 42 and 46 of the Criminal Procedure Law specify the obligations of defenders in detail.

Obligation to inform

1. entrustment notice

After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.

2, not at the scene of the crime, not criminal responsibility.

If the evidence collected by the defender shows that the criminal suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate.

3. Notice of major issues (defense lawyer)

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.

(2) the obligation not to hinder the smooth progress of litigation.

A defender or any other person shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other acts that hinder judicial proceedings.

Anyone who violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. If a defender is suspected of committing a crime, it shall be handled by an investigation organ other than the investigation organ where the defender undertakes the case. If the defender is a lawyer, he shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.

(3) the responsibility of the defender

The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.

20 16 registration conditions for the national judicial examination