With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, 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.
Criminal procedure law
Article 43 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.
2. What rights do defenders have in the Criminal Procedure Law? (1) The right to meet and communicate means that the defense lawyer can meet and communicate with the criminal suspect in custody from the date when the people's procuratorate examines and prosecutes the case. Other defenders, with the permission of the people's procuratorate, may also meet and correspond with criminal suspects in custody. From the date when the people's court accepts the case, the defense lawyer may meet and correspond with the defendant in custody. (Article 36 of the Criminal Procedure Law)
(2) The right to read papers means that the defense lawyer can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and other defenders can also consult, extract and copy the above materials with the permission of the people's procuratorate. Defense lawyers may consult, extract and copy the criminal facts and materials accused in this case from the date when the people's court accepts the case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court. (Article 36 of the Criminal Procedure Law)
(3) The right to investigate and collect evidence means that a defense lawyer may, with the consent of the witness or other relevant units and individuals, collect materials related to the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence, or apply to the people's court for notifying the witness 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. (Article 37 of the Criminal Procedure Law). Pay attention to the restrictions in this article before investigation and evidence collection. At the same time, we should also know that this article is only given to defense lawyers, and other defenders do not have this right.
(4) Acting as an agent for criminal suspects and defendants means that when public security and judicial personnel illegally infringe on their legal rights, defenders can act as agents for criminal suspects and defendants when they are unaware of the complaint or are afraid and unable to file a complaint.
(5) The right to know means that the defender has the right to be notified of his appearance three days before the court session. (Article 15 1 of the Criminal Procedure Law)
(6) The right to participate in court investigation and debate means that after the public prosecutor interrogates the defendant in the court investigation stage, the defender may ask the defendant questions with the permission of the presiding judge; With the permission of the presiding judge, you can ask questions to witnesses and expert witnesses; During the trial, the defender has the right to apply for notifying new witnesses to appear in court, obtaining new material evidence, re-evaluating or conducting an inquest. At the stage of court debate, defenders can express their opinions on the evidence and the case, and they can argue with the prosecution. (Articles 155, 156, 159, 160, 175, 176 of the Criminal Procedure Law, Paragraph 2 of Article 30 of the Lawyers Law)
(7) The right to refuse to defend means that if the client uses the services provided by a lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend. (Article 29, paragraph 2, of the Lawyers Law)
(8) The right of appeal with the consent of the defendant. After obtaining the consent of the defendant, the defender may appeal against the judgment or ruling of first instance.
(9) The right to request cancellation or change of compulsory measures means that if the compulsory measures taken by the people's courts, people's procuratorates and public security organs exceed the statutory time limit, lawyers may request cancellation or change of compulsory measures.
Three, who refers to hire a defender in the criminal procedure law? According to Article 32 of the Criminal Procedure Law, the scope of defenders includes:
(1) lawyer.
In addition, article 13 of the Lawyers Law stipulates that the current staff of state organs may not concurrently serve as practicing lawyers. Lawyers are not allowed to practice law while serving as members of the Standing Committees of People's congresses at all levels. At the same time, Article 36 of the Law stipulates that a lawyer who has served as a judge or prosecutor shall not serve as an agent ad litem or defender for two years after leaving the people's court or people's procuratorate.
If a soldier becomes a criminal suspect or defendant, he may hire a lawyer as a defender from the army or the local government.
Foreigners and stateless criminal suspects who entrust lawyers to defend can only entrust lawyers in China as defenders.
(2) A person recommended by a people's organization or the unit where the criminal suspect or defendant belongs.
(3) The guardians, relatives and friends of the criminal suspect or defendant may also be entrusted by the criminal suspect or defendant to act as his defenders.
If a lawyer, a people's organization, a person recommended by the defendant's unit and the defendant's guardian, relatives and friends are entrusted as defenders, the people's court shall verify their identity certificates and power of attorney.
We can see that Article 32 of China's Criminal Procedure Law clearly stipulates that people recommended by people's organizations or the defendant's unit, as well as relatives and friends of the defendant's criminal suspect, can also become defenders of the parties. But generally speaking, the legal consequences and professional standards that defenders need to bear are still relatively high, and generally they will hire lawyers as their own defenders.