Criminal defense law-related personnel refer to those who have obtained practicing certificates in People's Republic of China (PRC) and People's Republic of China (PRC), and take criminal defense legal services as their whole business or main business, and provide criminal defense for criminal suspects and defendants. What is the identity of the relevant personnel in the criminal defense law? What rights do you enjoy? What kind of obligations and responsibilities should you bear? These are the most basic questions about the relevant personnel of criminal defense law. Now, well, I'll sort out the answers to these questions for you. Welcome to reading.
What are the status, rights, obligations and responsibilities of legal personnel involved in criminal defense?
In criminal proceedings, the defender is an independent participant and has an independent status:
1. Defenders perform their duties independently according to law. Defenders are litigants with independent status, and conduct defense activities according to their own will, independent of the will of criminal suspects and defendants.
2. Defenders only undertake the defense function in criminal proceedings and are special defenders of the legitimate rights and interests of criminal suspects and defendants. Defenders are generally unable to expose criminal acts committed by criminal suspects and defendants. Article 46 of the Criminal Procedure Law stipulates: "The relevant personnel of defense lawyers should know the client in their professional activities.
How to choose excellent criminal defense law-related personnel
1, legal personnel education.
The academic qualifications of law-related personnel are very important, and the emphasis here is on academic qualifications rather than academic qualifications.
2. The direction of legal personnel.
Complex professional background and multi-level knowledge structure are particularly important for criminal defense law-related personnel.
3. Practical experience of legal related personnel.
Excellent criminal defense law-related personnel must have rich practical experience.
4. The expression ability of legal personnel.
Criminal defense law-related personnel should have good language skills.
What can a legal person be hired to do in criminal cases?
In the criminal investigation stage of public prosecution cases, the roles of relevant legal personnel include:
1, accept the employment of criminal suspects and their relatives, and provide them with legal advisory services and legal help;
2. After the criminal suspect is summoned by the investigation organ for the first time or compulsory measures are taken, he learns the accused charges from the investigation organ and meets the criminal suspect;
3. When investigators use illegal means such as extorting confessions by torture to infringe on the personal rights of criminal suspects, they lodge complaints and accusations with relevant authorities on behalf of the criminal suspects;
4. Acting as an agent for criminal suspects to appeal to judicial organs;
5. If the investigation organ takes compulsory measures against the criminal suspect beyond the statutory time limit, it shall request the investigation organ to lift the compulsory measures;
What can legal personnel do for you in the three stages of criminal cases?
Because most people don't understand the work and role of law-related personnel in criminal cases, at the same time, the defects of relevant laws in China at present, and the lag of popularization of law, and more importantly, some corrupt elements in the public sector resist and mislead law-related personnel, many people have doubts about the work and role of law-related personnel. Are legal personnel really useless in criminal cases? In fact, in criminal cases, legal personnel have a lot of work, and their role is beyond doubt.