What procedure should a lawyer take in criminal defense?

Legal analysis: Lawyers who act as defenders should, according to facts and laws, put forward materials and opinions on whether criminal suspects and defendants are innocent or light, or whether their criminal responsibilities are reduced or exempted, so as to safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants. In addition to this substantive criminal defense, there is also a criminal defense, which is procedural criminal defense. Criminal defense lawyers believe that the so-called procedural criminal defense refers to: in criminal defense, on the grounds that the investigation, prosecution and trial activities of the relevant departments are illegal, the opinions that the suspects and defendants are innocent, the crimes are light or should not be investigated for criminal responsibility are put forward, and the proceedings that have not been carried out according to law are required to be supplemented or restarted, and the illegally obtained evidence is excluded.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:

(1) lawyers;

(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;

(3) Guardians, relatives and friends of criminal suspects and defendants.

A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.

A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.

Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.

If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.