The duty of a lawyer is to give advice on the criminal suspect's adaptation to the implementation of the law after breaking the law. Lawyers provide legal services according to law, and some defendants do not constitute a crime. After the prosecution by the procuratorate, there is no lawyer to defend the defendant, which is sometimes difficult to find. Everyone's understanding and views are different, and all kinds of views can help the court analyze the nature, function, motivation and purpose of the defendant. Lawyers, like doctors, can't decide the life and death of patients, but they will try their best to prolong their lives. Is to safeguard their legitimate rights and interests.
China's "Criminal Procedure Law" stipulates that criminal suspects and defendants have the right to entrust lawyers to defend them, and put forward materials and opinions to prove their innocence, reduce or relieve their criminal responsibility according to facts and laws, and safeguard their legitimate rights and interests.
Lawyers as defenders mainly have the following tasks:
1. At the investigation stage, criminal defense lawyers provide legal aid to criminal suspects. After the public security organs, people's procuratorates and other investigating legal organs interrogate the criminal suspect for the first time or take compulsory measures, the law firm can accept the employment of the criminal suspect or his relatives, appoint lawyers to meet the criminal suspect, and criminal defense lawyers can provide legal advice and represent their complaints and accusations. If the suspects are detained, they can apply for bail pending trial.
2. In the stage of examination and prosecution, criminal defense lawyers act as defenders or agents ad litem. After a criminal case is transferred from the investigation organ to the people's procuratorate for examination and prosecution, the lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends as a defender; The victim, his legal representative or close relatives, and the parties to a civil lawsuit may be entrusted as agents ad litem. In the stage of examination and prosecution, lawyers who act as defenders can consult, extract and copy relevant materials of the case, meet or correspond with criminal suspects, investigate and collect materials related to the case, and put forward opinions on defense or agency. In the stage of examination and prosecution, defense lawyers have the right to request the release or change of compulsory measures according to law and obtain bail pending trial.
3. At the trial stage, criminal defense lawyers act as defenders of public prosecution cases in the first and second instance. At this stage, lawyers have the right to go to the people's court to consult, extract and copy the case materials, meet with the defendants in custody, investigate and collect the evidence materials related to the case according to the actual situation, apply to the people's court to inform witnesses, experts and producers of inspection records to testify in court, apply for re-appraisal, participate in court investigations and express their defense opinions. After the judgment of first instance, you can meet the defendant, listen to his opinions on the content of the judgment and whether to appeal, and give legal help.
4. At the trial stage, criminal defense lawyers act as litigation agents for the victims of public prosecution cases. An attorney shall cooperate with the public prosecutor, exercise the appeal function according to law, argue with the defendant and his defender, and put forward legal opinions on conviction and sentencing on behalf of the victim.