1. Can I defend in court without a lawyer's license?
You can defend civil cases in court without a lawyer's license. Holding a legal professional qualification certificate or a lawyer qualification certificate is regarded as obtaining a lawyer's professional qualification, lawyer's qualification, lawyer's qualification, etc. However, the state implements the dual-certificate management of professional qualifications and practice qualifications for lawyers. If you want to engage in legal work as a lawyer, you still need to obtain a lawyer's practice certificate or a lawyer's work permit.
Relevant provisions of the Civil Procedure Law:
Article 58 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
2. What are the main rights of defenders in China?
1. Defenders have the right to defend independently according to facts and laws. Defenders defend independently according to their own facts and understanding of the law, and any other organ, including the people's court, the people's procuratorate, or any group or individual, has no right to interfere.
2. The right to meet and communicate. According to the provisions of Article 36 of the Criminal Procedure Law, defense lawyers 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 can meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. At the trial stage, defense lawyers can consult, extract and copy the materials of the criminal facts accused in this case, and can meet and correspond with the defendants in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
3. Right to investigate and collect evidence. According to Article 37 of the Criminal Procedure Law, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the people's procuratorate or the people's court for collecting and obtaining evidence. 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. Other defenders do not have this right.
4. The right to state defense opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall listen to the opinions of the person entrusted by the criminal suspect when examining the case. In other words, the defender entrusted by the criminal suspect has the right to defend the client at the stage of examination and prosecution. In this regard, the people's procuratorate should listen.
5. At the trial stage of the case, the defender has the right to receive the notice of the people's court to appear in court at the latest 3 days before the trial.
6. The right to participate in court investigations and court debates. According to the relevant provisions of the Criminal Procedure Law, in the court investigation stage, after the public prosecutor interrogates the defendant, 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 court hearing, the defender has the right to apply for new witnesses to appear in court, obtain new evidence and apply for re-appraisal or 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.
7. The right of appeal with the consent of the defendant. Article 180 of the Criminal Procedure Law stipulates that the defendant's defender may appeal with the consent of the defendant. That is, with the consent of the defendant, the defender has the right to appeal against the judgment or ruling that has not yet taken legal effect in the first instance.
8. If the people's court, the people's procuratorate or the public security organ take compulsory measures beyond the statutory time limit, the defender has the right to demand that the compulsory measures be lifted.
9. Denial of the right to defense. According to the provisions of the Criminal Procedure Law and the Lawyers Law, there are two cases of refusing to defend: one is that the criminal suspect and the defendant refuse the defender to continue defending; Another kind of refusal to defend means that if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent him.
10. Representing criminal suspects and defendants to lodge complaints.
To sum up, the absence of a lawyer's license means that he is not a lawyer. For this person, as long as he has a relationship with the client, he can defend according to law, but only if he has legal evidence. There are many restrictions on not being a lawyer. He can't read the paper and know the relevant case in detail, which is very risky for the parties.