2, the right to read the file and the right to meet and communicate. According to the provisions of article 36 of the criminal procedure law, the defense lawyer from the people's procuratorate on the case of prosecution, may consult, excerpts, copies of the case of the litigation documents, technical appraisal materials, may meet with the detained suspects and correspondence. Other defenders, with the permission of the people's procuratorate, may also inspect, extract and copy the above materials, and meet and correspond with the criminal suspect in custody. During the trial stage of the court, the defense counsel may inspect, excerpt and copy the "materials on the facts of the crime charged in the case", and may meet and correspond with the defendant in custody. Other defenders, with the permission of the people's court, may also inspect, extract and copy the above materials, and may meet and correspond with the defendant in custody.
3. The right to investigate and obtain evidence. According to the provisions of article 37 of the criminal procedure law, the defense lawyer with the consent of witnesses or other relevant units and individuals, may collect from them materials related to the case, may also apply to the people's procuratorate, the people's court to collect and retrieve evidence. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his or her close relatives, or of the witnesses provided by the victim, the defence counsel may collect from them materials relevant to the case. Other defenders do not have this right.
4. The right to give opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall hear the opinion of the person entrusted by the suspect when examining the case. In other words, the defenders entrusted by the criminal suspect have the right to defend the client at the stage of examination and prosecution, and the people's procuratorate shall listen to them.
5. The right to participate in court investigations and court defense. According to the provisions of the criminal procedure law on the first instance, the court investigation stage, the defendant in the public prosecutor asked the defendant, with the permission of the presiding judge, may ask the defendant; court proceedings, the defendant has the right to apply for notification of new witnesses to appear in court, new exhibits, apply for reappraisal or investigation. At the stage of court debate, the defender may express his opinion on the evidence and the circumstances of the case, and may debate with the prosecution. Article 30 of the Lawyers Law stipulates that lawyers who act as defenders shall be guaranteed the right to defense in accordance with the law.
6. The right to appeal with the consent of the accused. Article 180 of the Criminal Procedure Law provides that the defendant's counsel, with the consent of the defendant, may appeal. In this regard, the People's Court of First Instance shall send the verdict to the defendant's counsel in a timely manner in order to prevent any restriction on the exercise of this right by the counsel.
7. The right to request the public security and judicial organs to lift coercive measures on criminal suspects and defendants whose coercive measures have exceeded the legal time limit. Article 75 of the Criminal Procedure Law provides: "Criminal suspects, defendants and their legal representatives, close relatives or criminal suspects, defendants entrusted by lawyers and other defenders for the people's courts, people's procuratorates or public security organs to take coercive measures for more than the legal time limit, have the right to request to lift the coercive measures. The people's court, the people's procuratorate or the public security organ shall release the suspect or defendant whose compulsory measures have exceeded the legal time limit, release him from bail, release him from residential surveillance, or change the compulsory measures in accordance with the law."
8. Right to refuse defense. According to the criminal procedure law and the provisions of the lawyers law, the refusal of defense, there are two kinds of cases: one is the suspect, the accused refused to continue to defend the defender, the relevant issues have been discussed in the right to defend the relevant discussion; Another refusal to defend refers to the defender has legal reasons halfway to no longer for the suspect, the defendant's defense behavior. Article 29 of the lawyers law: "lawyers accept the commission, without justifiable reasons, shall not refuse to defend or represent, but the commission is illegal, the commissioner uses the services provided by lawyers to engage in illegal activities or the commissioner to conceal the facts, lawyers have the right to refuse to defend or represent".
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Legal basis
"The Chinese people's **** and the state criminal procedure law" article 37 of the responsibility of the defense is based on the facts and the law, put forward the suspect, the defendant is not guilty of the crime, the lesser degree of guilt, or reduce or exempt from criminal responsibility of the materials and opinions, safeguard the suspect, the defendant's procedural rights and other legitimate rights and interests.
Article 75 of the Criminal Procedure Law of the People's Republic of China shall be enforced at the residence of the suspect or defendant; if there is no fixed residence, it may be enforced at a designated residence. For crimes suspected of endangering State security or terrorist activities, if execution at the residence may hinder investigation, it may also be carried out at the designated place of residence with the approval of the public security organ at the next higher level. However, it may not be carried out in a place of detention or a specialized case-handling facility. In the case of residence under surveillance at a designated place of residence, the family members of the person under surveillance shall be notified within twenty-four hours of the execution of the residence under surveillance, except in cases where notification is impossible. The provisions of Article 34 of this Law shall apply to the appointment of a defender by a criminal suspect or defendant under residential surveillance. The people's procuratorate shall supervise the legality of the decision to designate a place of residence for residential surveillance and its implementation.
Article 180 of the Criminal Procedure Law of the People's Republic of China
When a decision is made not to prosecute in a case in which there is a victim, the people's procuratorate shall deliver the decision not to prosecute to the victim. If the victim does not accept the decision, he or she may, within seven days of receiving the decision, appeal to the people's procuratorate at the next higher level, requesting that public prosecution be instituted. The people's procuratorate shall inform the victim of the review decision. If the people's procuratorate upholds the decision not to prosecute, the victim may file a complaint with the people's court. The victim may also bring the case directly to the people's court without filing a complaint. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court.
"Chinese people's lawyers lawyers law" article 29, shall act as a legal adviser, shall, in accordance with the agreement for the client to provide advice on legal issues, drafting, review of legal instruments, agents to participate in litigation, mediation or arbitration activities, for the entrusted other legal affairs, and safeguard the lawful rights and interests of the client.
"Chinese people's lawyers lawyers law" article 30, a lawyer as a litigation legal affairs agent or non-litigation legal affairs agent, shall be entrusted with the authority, to protect the lawful rights and interests of the principal.