What are the roles and responsibilities of lawyers in criminal defense?
First, the role of lawyers in criminal defense
The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
Investigation stage: meet the criminal suspect, understand the case, provide legal help, represent the complaint, and get a bail pending trial.
Review and prosecution stage: in addition to the work in the above investigation stage, you can also copy the litigation documents and technical appraisal materials related to the case.
Trial stage: In addition to the above-mentioned investigation, examination and prosecution stages, other materials related to the case can be copied, including the defendant's confession and other evidence materials. Attend court hearings and provide defense for defendants.
2. What are the duties of defense lawyers?
The right to defense is a basic right of the defendant, who has the right to defense, and the people's court has the obligation to ensure that the defendant has the right to defense.
The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody.
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
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.
A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial.
The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, to meet the criminal suspect in custody and to know the relevant information from the criminal suspect.
During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence and for re-appraisal or inspection.
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
As for your question, "What role does a lawyer play in criminal defense and what duties does he perform?" Lawyers play a great role in criminal defense and the evidence needs to be cleared well, so lawyers are here to clear it for you. Defense lawyers should also abide by the principles, and lawyers can have the right to read papers. You can consult a lawyer.