Lawyer how to defend the plaintiff

a lawyer in a criminal case in court how to defend

lawyer as a defender of criminal cases, according to the facts and the law, shall put forward the defendant is not guilty, the crime is light, or to reduce, exempt from criminal responsibility of the materials and opinions, to safeguard the defendant's lawful rights and interests.

"Chinese people's *** and state lawyers law"

Article 31 lawyers as a defender, shall, in accordance with the facts and the law, put forward the suspect, the defendant is not guilty, or mitigate, exempt from criminal responsibility of the materials and opinions, safeguard the suspect, the defendant's procedural rights and other lawful rights and interests.

Article 32 of the client may refuse to have entrusted the lawyer to continue to defend or represent, at the same time, can appoint another lawyer as a defender or agent.

Lawyers accept the commission, without justification, shall not refuse to defend or represent. However, the commission is illegal, the client uses the services provided by lawyers to engage in illegal activities or the client intentionally concealing important facts relating to the case, the lawyer has the right to refuse to defend or represent.

Two, who can appoint a defender

In criminal cases, the following people have the right to appoint a defender:

1, the suspect, the defendant.

2. The guardian of the suspect or defendant. The guardian can be parents, appointed guardianship unit, etc.

3, the suspect, the defendant's close relatives. Such as husband, wife, father, mother, son, daughter, siblings and so on.

4, in practice, the suspect, the defendant's work unit, male or female friend, may also be hired on behalf of the defense.

The difference between the suspect and the accused:

Here it is worth noting that the suspect since the investigating authorities (police or prosecutor's office) for the first time to interrogate or take coercive measures from the date of the right to appoint a defender; but in the period of investigation, can only be entrusted to a lawyer as a defender. And the accused has the right to appoint a defender at any time.

Suspects and defendants are in criminal proceedings in the criminal prosecution of people, the difference between the two is that the suspect only exists in the case of public prosecution of the investigation and prosecution stage, while the defendant exists both in the case of public prosecution of the case also exists in the case of self-representation and are present in the trial stage.

"Suspect" and "defendant" designation not only indicates that the respective stages of the proceedings, but also independent of each other, that is, "suspect" does not necessarily evolve into "defendant". Some cases in the investigation and prosecution, the final decision not to pursue criminal liability, the "suspect" will not become "defendant", the proceedings will be terminated.

Through the above analysis, we know that, according to the provisions of the Lawyers Law, criminal cases, lawyers as defenders, should be based on the facts and the law, put forward the defendant's innocence, misdemeanor, or reduce, exempt from criminal responsibility of the materials and opinions, and defend the defendant's procedural rights and other legitimate rights and interests. If you need legal help, readers can consult.