1, self-defense.
(1) Self-defense refers to the actions of criminal suspects and defendants to refute, defend and excuse charges.
(2) This defense runs through the whole criminal procedure. Criminal suspects and defendants can defend themselves at both the investigation stage and the trial stage.
2. Entrusted defense.
Criminal suspects and defendants may entrust lawyers, relatives and friends as their own defenders.
3. Designated defense.
In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend him.
4. Legal basis: "
Criminal Procedure Law of the People's Republic of China
Article 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Second, what are the restrictions on criminal defenders?
The conditions for a criminal defense lawyer are:
1. The client entrusted by the criminal suspect and defendant at the litigation stage:
(1) lawyer;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
2. If the case is in the investigation stage, the suspect can only entrust a lawyer as a defense lawyer.
3. What is the defense fee for criminal lawyers?
Acting as defenders of criminal suspects and defendants in criminal cases, agents of private prosecutors and victims in criminal cases, and defenders of criminal suspects and defendants in criminal cases;
1, investigation stage: 1500- 10000 yuan/piece;
2. Review and prosecution stage: 2000- 10000 yuan/piece;
3. Preliminary stage: 3000-30000 yuan/piece.
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