Some people will say that this is not conniving at criminals? Don't spray me in a hurry, here's what I think:
1. First of all, there are only two sources of the right to find a defense lawyer, one is entrusted defense, and the other is appointed defense;
The right of entrusted defense comes from the entrustment of the defendant and his close relatives. We'll start here. Close relatives in criminal cases refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters, and the corresponding legal basis is item 6 of Article 108 of the Criminal Procedure Law.
The right of appointed defense comes from legal provisions, and the corresponding legal basis is Article 35 of the Criminal Procedure Law. It should be noted here that although the scope of designated defense is stipulated in the Criminal Procedure Law, with the development of legal aid in recent years, some provinces have achieved full coverage of legal aid in criminal cases, which means that the defendant in any criminal case can apply for legal aid, and then the legal aid center will appoint a lawyer to defend.
2. Secondly, it is necessary to clarify the responsibilities of defense lawyers.
As early as 20 18, when the Criminal Procedure Law was revised, this issue was already clarified. According to the provisions of Article 37 of the Criminal Procedure Law, the duty of a defender is to present materials and opinions on innocence, light crime or reduction or exemption of criminal responsibility to criminal suspects and defendants according to facts and laws, and to safeguard their litigation rights and other legitimate rights and interests.
It can be seen that what defense lawyers should do is to find the materials that the defendant is innocent, lighter or exempted from criminal responsibility from the existing evidence, rather than looking for the materials that the defendant is guilty.
3. Knowledge expansion: In judicial practice, similar situations will occur, but they are by no means common. If it does happen, the first thing a defense lawyer should do is to defend according to law, and he must never defend illegally without criminal law. At the same time, he must fully communicate with the defendant on the defense point of view and strive to reach an agreement. Some people may ask, what if an agreement cannot be reached? Personally, if no agreement can be reached, we can consider terminating the entrustment relationship. I have met defenders who plead guilty in court, but defendants plead not guilty, or defenders plead not guilty and defendants plead guilty. This is a typical defense disagreement. It's not important to be a laughing stock in court. The key is that it will be very unfavorable to the defendant's sentencing. Here I also combine my own experience in handling cases. Talk about your own ideas, I hope it will be beneficial to everyone. If there is not sufficient evidence to prove the defendant's innocence, don't plead not guilty in order to cater to the defendant and his family, otherwise it will be very unfavorable to the defendant when sentencing in the future, because pleading guilty is also a light sentence. As a lawyer, you must be responsible for the law everywhere and for maximizing the interests of the parties!
What do you think of this? Welcome to leave a message in the comment area for discussion!