A, to the Procuratorate's defense opinion format is how?
___________ People's Procuratorate: According to the provisions of Article 33 of the Criminal Procedure Law of the People's Republic of China **** and the State, ________ the law firm accepts the entrustment of the relatives of the suspect _____ in this case and seeks his own consent to assign me to serve as a defender of the suspect ____. After accepting the commission, this defender consulted the materials of this case, met with the suspect, now based on the facts and the law to put forward defense opinions as follows: 1, the facts: ___________________________. 2, evidence: _________________________. 3, the applicable law: ___________________________. 4. Prosecution and sentencing: ___________________________. In summary, this defense requests that the contractor in this case to adopt the defense opinion in the review and prosecution. Defense:_______ Law Firm ___ Lawyer, ___ Lawyer ____ ___Month___2. Who can be a defender in a criminal case?
In criminal proceedings, the right to defense, in addition to the suspect, the defendant himself, but also by other people to assist in the exercise of the exercise, that is, the defender. The defender refers to the criminal proceedings entrusted by the suspect, the defendant or the court appointed to help the suspect, the defendant to exercise the right to defense, according to the law to safeguard the lawful rights and interests of the suspect, the defendant of the litigation participants. The establishment of the defender system has made up for the deficiencies in the ability of criminal suspects and defendants to defend themselves; it has made up for the inadequacy of national judicial personnel to safeguard the litigation rights of criminal suspects and defendants; it has promoted the realization of litigation justice, and it has played a demonstrative function in society, promoting the propagation of the rule of law and education. In China the scope of the defender is broader:Lawyers, people's organizations or criminal suspects, defendants recommended by the unit, criminal suspects, defendants, guardians, relatives and friends can be entrusted as a defender, but is being carried out the sentence in accordance with the law deprived of personal liberty, restriction of personal freedom of the person, with the exception of.Third, what are the rights and obligations of the defense?
In order to ensure that the defender can fully implement the defense function, to perform the duties of the defense, the law gives the defender a series of procedural rights. Mainly include: the right to independent defense, the right to read the file, the right to meet and communicate, the right to investigate and obtain evidence, the right to access to judicial documents, the right to obtain notice, the right to question, the right to debate, the right to charge, the right to refuse and other rights. The defender enjoys the right to appeal litigation at the same time need to undertake the following litigation obligations: abide by the duty to safeguard the lawful rights and interests of the parties; duty of confidentiality; the obligation of proper practice; the obligation to comply with the rules of the court; legal aid and other obligations of lawyers. In summary, in the prosecutor's office to review the prosecution stage, the lawyer should put forward a defense, to the prosecutor's office to submit a defense opinion. Inside the defense, start to write the lawyer to investigate the facts of the case, and give specific sentencing opinions, these should be combined with the evidence and the law. Lawyers write a defense statement, shall not falsify the facts, should be factual.