Legal subjectivity: The defense lawyer guarantees the defendant's most basic rights. Just because he is the defendant doesn't mean he can't defend himself. A defender refers to a person who is entrusted by a criminal suspect or defendant or appointed by a people's court to help the criminal suspect or defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Article 32 of China's Criminal Procedure Law stipulates that a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. That is, a criminal suspect or defendant can entrust two defenders at most. In the case of * * * accomplice, because of the interest relationship between the criminal suspect and the defendant, a defender may not accept the entrustment of two or more co-defendants as his * * * accomplice defenders at the same time. Defenders undertake defense functions together with criminal suspects and defendants in criminal proceedings. Defenders should actively confront the complainant who undertakes the appeal function according to the facts and laws, and put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to urge the judge to listen to the opinions of both parties and make a fair judgment on the basis of neutrality. Therefore, it is of great significance to establish a defender defense system in criminal proceedings. First of all, the defender's defense system is of great significance for promoting and ensuring judicial justice and litigation democracy. The implementation of the defense system is conducive to the correct handling of cases by judicial organs, preventing the subjective one-sidedness of case handlers, thus avoiding the occurrence of unjust, false and wrong cases. Secondly, the defender defense system is conducive to the public security and judicial organs to safeguard the legitimate rights and interests of criminal suspects and defendants. In criminal proceedings, because criminal suspects and defendants are in the position of being prosecuted, their personal freedom is often restricted, and they can't fully and deeply understand the case, and they can't collect evidence materials that are beneficial to them, so it is difficult to exercise their right to self-defense; On the other hand, most criminal suspects and defendants lack legal knowledge, do not know what litigation rights they enjoy, how to exercise these rights, and do not know the legal consequences of their actions. Therefore, most criminal suspects and defendants cannot correctly use the law to defend themselves in order to safeguard their legitimate rights and interests. Defenders are mainly defense lawyers, who have both legal knowledge and extensive litigation rights, and can fully and concretely understand the case. At the same time, defense lawyers have rich defense experience and skilled litigation skills, which can help criminal suspects or defendants correctly exercise their defense rights, thus protecting their legitimate rights and interests more effectively. Finally, the defender's defense system is conducive to better completing the educational task of criminal proceedings. In court, the debate between the prosecution and the defense can make the audience fully understand the case, distinguish right from wrong, and enhance citizens' legal concept. The purpose of the court to hire a lawyer is to better ensure that the defendant has the relevant rights and obligations in court to safeguard his own related affairs. Defenders do not necessarily need to be defense lawyers, and individuals or certain groups can be defense lawyers. Defense lawyers can protect the rights and obligations of defendants more effectively.
Legal objectivity:
According to Article 33 of China's Criminal Procedure Law: "A criminal suspect has the right to entrust a defender from the date when the case is transferred for review." In other words, in the stage of examination and prosecution, lawyers began to appear as "defenders". At this stage, except for criminal suspects who are under surveillance, the Criminal Procedure Law does not restrict defense lawyers from meeting criminal suspects. As long as he is a defense lawyer, he has the right to meet the criminal suspect in custody, without the approval of the procuratorial organ, and the procuratorial organ should not send personnel to meet at the scene. As for the content of the interview, as long as it is necessary to perform defense duties according to law, you can talk about it without restrictions. In addition, you can communicate with criminal suspects, and the content they communicate should not be checked and arbitrarily detained. In the stage of examination and prosecution, the defense lawyer meets the criminal suspect in the following aspects: (1) Asking the facts of the case and listening to the statements and excuses of the criminal suspect. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details. (2) Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether there are new witnesses, physical evidence and evidence clues. (3) Inform them of their litigation rights and obligations at the stage of examination and prosecution. For example, when the case-handling personnel of the procuratorial organ interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision. (4) ask about the case. Ask about the duration of his detention, whether the case-handling personnel have carried out illegal acts such as extorting a confession by torture and detaining him in disguised form, and whether they have seized or frozen property with the case. According to the contents of the above-mentioned meeting, defense lawyers can put forward defense opinions to the people's procuratorate to prove the criminal suspect's innocence, light crime or reduce his criminal responsibility. If criminal responsibility should not be investigated, or if the evidence is insufficient and does not meet the conditions for prosecution, or if the circumstances of the crime are minor, it is not necessary to sentence or be exempted from punishment according to the provisions of the Criminal Law, it should be suggested that the People's Procuratorate make a decision not to prosecute. If the criminal suspect refuses to accept the decision to plead guilty and repent, the defense lawyer may appeal to the people's procuratorate on his behalf; If the case has sealed up or frozen property, it may request the people's procuratorate to terminate it after making a decision not to prosecute. If the detention period has exceeded the time limit prescribed by law, he may request the cancellation or change of compulsory measures on behalf of the criminal suspect; If the case-handling personnel commit illegal acts such as extorting confessions by torture or detaining them in disguised form, they may prosecute on their behalf.