Defender is a unique legal term in criminal proceedings, which has an independent litigation status. Defenders defend defendants or criminal suspects and safeguard their legitimate rights and interests. Criminal defenders independently safeguard the implementation of the law in litigation, and the criminal procedure law clearly stipulates the litigation rights of defenders in relevant laws.
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.
Second, 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.
Third, the 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.
Fourth, 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.
Five, in the trial stage of the case, the defender has the right to receive the notice of the people's court not later than three days before the trial.
VI. 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.
Eight, for the people's courts, people's procuratorates and public security organs to take compulsory measures beyond the statutory time limit, the defender has the right to request the lifting of compulsory measures.
Article 75 of the Criminal Procedure Law stipulates that criminal suspects, defendants and other legal representatives, close relatives or lawyers and their defenders entrusted by them have the right to demand the cancellation of compulsory measures against people's courts, people's procuratorates and public security organs beyond the statutory time limit. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant who has taken compulsory measures beyond the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law.
Nine. Right to refuse to defend
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 the defender has legal reasons not to defend the criminal suspect or defendant. The second paragraph of Article 29 of the Lawyers Law stipulates that a lawyer shall not refuse to defend or represent without justifiable reasons after accepting the entrustment. However, 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.
Ten, acting as a criminal suspect or defendant to lodge a complaint.
Eleven, the personal rights of defenders in legal practice activities are inviolable.
The above content covers the litigation rights of defenders in the criminal procedure law, which is stipulated by the criminal procedure law and the lawyer law. To a certain extent, it guarantees the independent litigation status of lawyers, protects the personal freedom and safety of lawyers, and is conducive to the fair development of criminal proceedings.
Legal objectivity:
Criminal procedure law
Article 39
Defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation. The investigation organ shall notify the detention center of the above situation in advance.