In China, defendants in criminal cases have the right to be represented by lawyers. Lawyers are professional legal agents, who can provide legal aid to defendants, formulate defense strategies, protect the rights and interests of defendants, and reduce or avoid punishment. First of all, lawyers can help the defendant to provide legal aid, including informing the defendant of criminal proceedings and legal provisions, assisting the defendant to understand the case and collect evidence, and making good preparations for case analysis and defense. Secondly, lawyers can formulate defense strategies and choose appropriate defense methods according to the different characteristics of cases to better protect the rights and interests of defendants. Finally, lawyers can reduce or avoid punishment. A lawyer may assist the defendant to defend himself or represent him, provide evidence and defense materials, and assist the defendant to appeal when necessary, so as to reduce or avoid punishment.
What if the defendant can't afford the lawyer's fee? If the defendant can't afford the lawyer's fee, he can apply for legal aid. According to Article 67 of the Criminal Procedure Law of People's Republic of China (PRC), minors, pregnant women, disabled people, people with difficulties in life and other people with special difficulties may apply to the court for legal aid. If the court finds that the defendant meets the conditions of legal aid, the state will provide legal aid to the defendant.
Crime is a serious matter, and the defendant must ask a lawyer to represent him. Lawyers can provide legal aid for defendants, formulate defense strategies, protect the rights and interests of defendants, and reduce or avoid penalties. If the defendant can't afford the lawyer's fee, he can apply for legal aid.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may 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 cases of crimes endangering national security, terrorist activities and particularly serious bribery crimes, 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. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants. The provisions of paragraphs 1, 3 and 4 shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.