When acting as a defender, a lawyer shall, according to facts and laws, put forward materials and opinions on whether the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant. The client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent.
After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.
As a defender, a lawyer 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 letter of legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants. Lawyers who act as defenders have the right to consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case.
The entrusted lawyer may, according to the needs of the case, 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. 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.
If a lawyer acts as an agent ad litem or defender, his right to debate or defend shall be guaranteed according to law. The personal rights of lawyers in their practice activities are inviolable. Lawyers' opinions on agency and defense expressed in court are not subject to legal investigation. Except for statements that endanger national security, maliciously slander others, and seriously disrupt court order.
If a lawyer participates in litigation activities and is suspected of committing a crime, the investigation organ shall promptly notify the law firm where he belongs or the lawyers association to which he belongs; If a lawyer is detained or arrested according to law, the investigation organ shall notify the lawyer's family in accordance with the provisions of the Criminal Procedure Law. Lawyers should keep state secrets and business secrets they know in their practice activities, and may not disclose the privacy of the parties.
Lawyers should keep confidential the relevant information and materials that their clients and others are unwilling to disclose in their practice activities. However, criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others are being prepared or implemented by the client or others. A lawyer shall not act as an agent for both parties in the same case, nor shall he act as an agent for legal affairs that have conflicts of interest with himself or his close relatives.
Extended data
Historical origin
The modern lawyer system should at least be traced back to ancient Rome and even ancient Greece. The ancient Romans formulated a complicated written code and litigation system, including the defense lawyer system, which was inherited by the modern western legal system.
Because the city-state society attached great importance to the rule of law and procedural guarantees, lawyers in ancient Rome enjoyed a very high status, often represented the parties in litigation with their opponents or the government, and emphasized the training of rhetoric and eloquence, which was in the same strain as Greece. Many members of the Senate have done this, the most famous of which is Cicero, a famous Roman politician.
Lawyers originated in ancient Rome. * * * The lawsuit against Rome (5 10 BC or 509-30 BC) must be conducted according to the notice and legal procedures of the consul or legal officer. Due to the increasing number and complexity of laws and notices, the parties need the assistance of people familiar with the law in litigation, especially in court debates. Therefore, from the end of the * * * system to the beginning of the imperial system (BC 1 the second half of the century), garrison troops appeared.
By the end of the 5th century, defenders must study law and obtain qualifications in major cities. They gradually formed an industry, formed their own professional groups and became full-time lawyers.
During the feudal period, most countries abolished the ancient debate litigation and changed it to the inquisition, which made lawyers useless. Some countries, such as France in the early Middle Ages, retained the lawyer system, but it was mainly applicable to religious courts, and the position of lawyer was held by monks. Secular courts sometimes allow defense, but only monks can perform this function.
After12nd century, France banned monks from acting as defenders in secular courts, and replaced them with professional lawyers who had received feudal legal education and were sworn by lawyers.
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