defense lawyers refer to lawyers who are entrusted by the defendant or appointed by the court to defend the defendant according to law in criminal proceedings. When performing their defense duties, defense lawyers must defend properly according to law, and must not arbitrarily fabricate facts, misinterpret the law and make illegal defense.
The rights of defense lawyers are as follows:
1. Providing legal advice to criminal suspects and representing complaints and accusations;
2. Apply for bail pending trial for the arrested criminal suspect;
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client intentionally conceals important facts related to the case, the lawyer has the right to refuse to defend;
4. From the day when the criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and the defendant and learn about the relevant cases with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid;
5. Lawyers will not be monitored when meeting with criminal suspects and defendants;
6. The entrusted lawyer has the right to consult, extract and copy the litigation documents and case files related to the case from the date of case review and prosecution;
7. The entrusted lawyer has the right to consult, extract and copy all materials related to the case from the date when the case is accepted by the people's court;
8. according to the needs of the case, the entrusted lawyer may 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;
9. A lawyer may, on the strength of his lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs from the relevant units or individuals on his own.
11. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
defense duties of defense lawyers: according to the specific case, put forward materials and opinions to prove the innocence, light crime or reduce or exempt criminal responsibility of criminal suspects and defendants, and safeguard the legitimate rights and interests of criminal suspects and defendants.
Legal Basis
Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China
Article 43 If a defense lawyer applies to collect materials related to this case from the victim, his close relatives and witnesses provided by the victim, the people's court considers it necessary, it shall grant it and issue a written investigation permit.