1, the right of self-defense.
2. The right to read newspapers, the right to meet and communicate. According to the provisions of Article 36 of the Criminal Procedure Law, from the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. During the court trial, defense lawyers can consult, extract and copy the materials of the criminal facts accused in this case, and can meet and correspond with the defendants in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
3. Right to investigate and collect evidence. 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. Other defenders do not have this right.
4. Right to express opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall listen to the opinions of the person entrusted by the criminal suspect when examining the case. In other words, the defender entrusted by the criminal suspect has the right to defend the client at the stage of examination and prosecution, and the people's procuratorate should listen to this.
5. The right to participate in court investigation and court defense. According to the provisions of the Criminal Procedure Law on the procedure of first instance, after the public prosecutor asks the defendant questions in the court investigation stage, the defender may ask the defendant questions with the permission of the presiding judge. During the court hearing, the defender has the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection. At the stage of court debate, defenders can express their opinions on the evidence and the case, and they can argue with the prosecution. Paragraph 2 of Article 30 of the Lawyers Law stipulates that a lawyer who acts as a defender shall guarantee his right to defense according to law.
6. With the consent of the defendant, the defendant has the right to appeal. Article 180 of the Criminal Procedure Law stipulates that the defendant's defender may appeal with the consent of the defendant. Therefore, the people's court of first instance should serve the judgment on the defendant's defender in time to prevent the defender from exercising this right.
7. Criminal suspects and defendants who have taken compulsory measures beyond the statutory time limit have the right to request the public security and judicial organs to lift compulsory measures. Article 75 of the Criminal Procedure Law stipulates that criminal suspects, defendants and their legal representatives, close relatives or lawyers entrusted by criminal suspects and defendants have the right to demand that compulsory measures taken against people's courts, people's procuratorates and public security organs exceed the statutory time limit. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant whose compulsory measures have exceeded the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
8. Refusal to the right of defense. According to the provisions of the Criminal Procedure Law and the Lawyers Law, refusal to defend is divided into two situations: one is that the criminal suspect and the defendant refuse the defender to continue the defense, and the relevant issues have been discussed in the discussion on the right to defense; The other is that defenders have legal reasons to stop defending criminal suspects and defendants halfway.
Status:
Defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants. Defender, criminal suspect and defendant have the same defense function, which is independent of accusation function and trial function. Defenders have the status of independent participants in litigation, defend according to their own will, perform their duties independently, safeguard the legitimate rights and interests of criminal suspects and defendants, and are not influenced by the opinions of prosecutors or the will of criminal suspects and defendants; You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants. Defenders and prosecutors who appear in court for public prosecution should have equal litigation status. They all obey the command of the judges of the court and perform their respective litigation functions according to law, and no organ, group or individual may illegally interfere. Defenders can only take facts as the basis and the law as the criterion when they undertake the defense function. His legal obligation is to be faithful to the truth of the case, respect the objective evidence and stick to the truth. He can neither speculate or guess subjectively, nor distort the facts, thus effectively safeguarding the seriousness of the law. Defenders and prosecutors who appear in court for public prosecution should have equal litigation status. They all obey the command of the judges of the court and perform their respective litigation functions according to law, and no organ, group or individual may illegally interfere. Defenders should only take execution as the basis and law as the criterion when undertaking defense functions. His legal obligation is to be faithful to the truth of the case, respect the objective evidence and stick to the truth. He can neither speculate or guess subjectively, nor distort the facts, thus effectively safeguarding the seriousness of the law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 39 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.