1. Defenders have the right to defend independently according to facts and laws.
2. The right to meet and communicate.
3. Right to investigate and collect evidence.
4. The right to state defense opinions.
5. At the trial stage of the case, the defender has the right to receive the notice of the people's court to appear in court at the latest 3 days before the trial.
6. The right to participate in court investigations and court debates.
7. The right of appeal with the consent of the defendant.
8. If the people's court, the people's procuratorate or the public security organ take compulsory measures beyond the statutory time limit, the defender has the right to demand that the compulsory measures be lifted.
9. Denial of the right to defense.
10. Representing criminal suspects and defendants to lodge complaints.
In the investigation stage, a defense lawyer may be entrusted to defend the suspect. At this stage, the criminal suspect cannot entrust others to defend.
Legal basis:
Lawyer law:
Article 33 A lawyer who acts as a defender has the right to meet a criminal suspect or defendant in custody or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a power of attorney for legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Article 34 A lawyer who acts as a defender shall have the right to consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Article 36 Where a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law.
Criminal procedure law:
Article 33 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 37 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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.
Article 38 From the date of examination and prosecution by the People's Procuratorate, defense lawyers may consult, extract and copy the case files. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 39 Defenders who believe that the evidence materials collected by public security organs and people's procuratorates to prove the innocence or minor crimes of criminal suspects and defendants have not been submitted have the right to apply to the people's procuratorates and people's courts for retrieval.
Article 40 A defender shall promptly inform the public security organ and the people's procuratorate of the evidence 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.
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses 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.