First, how to deal with the situation that defense lawyers conceal evidence?
To investigate the relevant legal responsibilities, you can report the case directly. According to Article 306 of the Criminal Law of People's Republic of China (PRC), in criminal proceedings, defenders and agents ad litem who destroy or falsify evidence, help the parties to destroy or falsify evidence, threaten or induce witnesses to change their testimony of facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Witness testimony or other evidence provided, presented or quoted by defenders or agents ad litem is inaccurate, not intentionally forged, and does not belong to forged evidence.
Second, the rights of lawyers.
According to the provisions of China's Lawyers Law, the rights of lawyers in China mainly refer to lawyers' personal rights and lawyers' practice rights.
(A) the personal rights of lawyers
China's "Lawyers Law" stipulates: "Lawyers' personal rights are inviolable in their practice. "
Its contents should include that lawyers' personal freedom is not illegally restricted or deprived when practicing; Homes and offices are inviolable; Lawyers' reputation rights are inviolable, etc. Lawyers who violate personal rights shall be investigated for criminal responsibility according to the provisions of China's criminal law.
(2) Lawyers' right to practice.
The regulation of lawyers' right to practice is the premise to ensure lawyers' smooth practice. According to the Lawyers Law, lawyers enjoy the following rights:
1, marked to the right
Refers to the lawyer's right to consult the case files in the relevant organs according to the provisions of the procedural law when he is engaged in litigation business.
The right of lawyers to participate in litigation includes the following contents:
(1). With regard to access to files, according to the Joint Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice and the Ministry of Public Security on Certain Specific Provisions on Lawyers' Participation in Litigation (1 981April 27th),1lawyers, as defenders, agents in criminal cases or agents in civil cases, can access to relevant authorities. The case file materials that lawyers can consult do not include the records of the judicial committee and collegial panel, and the clue materials related to other cases.
(2) When lawyers read papers, the relevant units shall give necessary convenience and provide places for lawyers to read papers.
(3) lawyers can extract and copy the papers, and the extracted materials are stored in the files of law firms.
(4) confidentiality.
2. Right to investigate and collect evidence
Refers to the lawyer's right to investigate cases and collect evidence in the course of practice.
Article 3 1 of the Lawyers Law stipulates: "When a lawyer undertakes legal affairs, he may conduct an investigation with the consent of the relevant unit or individual."
(1) Lawyers undertake legal affairs and enjoy the right to investigate and collect evidence, which is the guarantee for lawyers to carry out normal business activities.
(2) When investigating and collecting evidence from relevant units or individuals, lawyers shall obtain the consent of relevant units or individuals.
(3) Lawyers' right to investigate and collect evidence is not mandatory.
Article 37 of the Criminal Procedure Law stipulates: (see the previous article). If a defense lawyer applies to a people's procuratorate or a people's court for collecting and collecting evidence, and the people's procuratorate or the people's court deems it necessary to investigate and collect evidence, the people's procuratorate or the people's court shall collect and collect evidence, and shall not issue a decision allowing lawyers to collect and collect evidence.
3. Right to meet and correspond
Refers to the lawyer who acts as the agent of the criminal suspect and the defender of the defendant in criminal cases and has the right to meet or correspond with the criminal suspect and the defendant in the supervision place.
4. The right to appear in court is guaranteed.
(1) When the people's court determines the date of the hearing, it shall allow time for lawyers to prepare for the hearing.
(2) Because of the complexity of the case and the urgency of the opening date, the lawyer has the right to apply for an extension of the trial, and the people's court shall consider it within the time limit that does not affect the legal closing time.
(three) the people's court shall notify the lawyer to appear in court to perform his duties by notice, and shall not summon the lawyer by summons; The notice of the people's court hearing shall be served three days before the hearing at the latest.
(4) In the case of rescheduling the trial, appropriate preparation time should be set aside for the lawyer to appear in court for the second time.
5. Refuse the right of defense and agency.
It refers to the right of lawyers to refuse to act as legal agents such as criminal suspects, defendants or litigation cases under certain conditions.
(1) Lawyers can exercise the right of refusal in defense or agency activities.
(2) Cases in which lawyers have the right to refuse to defend and represent include: 1 The entrusted matter is illegal; 2. The client engages in illegal activities by using lawyer services; The client conceals the facts; There are other legitimate reasons, such as the lawyer's physical and mental condition impairing the lawyer's ability to represent the client, and the client insulting the lawyer's personality, which seriously undermines the good faith relationship between them.
6, the court trial stage rights
According to the provisions of China's procedural law, lawyers mainly enjoy the following rights in the court trial stage:
(1), the right to ask questions. That is, during the trial, with the permission of the presiding judge, lawyers have the right to ask questions to witnesses, experts, inspectors or defendants.
(2) the right of cross-examination. That is, in the court investigation stage, lawyers have the right to put forward their own opinions on the physical evidence presented, the transcripts of witnesses who did not appear in court, the expert conclusions of appraisers, the transcripts of inquests and other documents as evidence; The right to cross-examine witnesses in court.
(3) the right to produce new evidence. That is, in court, lawyers have the right to apply for notifying new witnesses to appear in court, obtaining new evidence, and applying for re-appraisal or inspection.
(4) the right to participate in court debates. The lawyer's right to debate refers to the lawyer's right to debate and demonstrate controversial issues, case facts and applicable laws under the auspices of the people's court in the course of litigation. By exercising the right to debate, lawyers put forward and prove their opinions, refute the opinions of the other party, help the court verify the evidence, find out the case and make a correct judgment.
(5) Have the right to refuse to answer improper inquiries from the court.
7. The right to obtain a copy of the litigation documents in this case.
Refers to the lawyer's right to obtain copies of litigation documents, including indictment, protest, judgment, ruling, mediation, etc.
8. Exercise the right of appeal
It means that lawyers, with the consent or authorization of the parties, appeal to the people's court at the next higher level on their own behalf when they think that there is an error in the first-instance judgment of the local people's courts at all levels, and demand a retrial of the case.
(1) The lawyer's right to appeal is based on the consent or authorization of the parties;
(2) Lawyers have no independent right of appeal, but only appeal on their behalf.
9. If compulsory measures are taken against the public prosecutor and the law beyond the statutory time limit, they have the right to demand the cancellation of compulsory measures.
Article 75 of the Criminal Procedure Law stipulates that lawyers have the right to demand the cancellation of compulsory measures if they find that the people's courts, people's procuratorates and public security organs have taken compulsory measures against criminal suspects and defendants beyond the statutory time limit.
Lawyers, as defenders, should use their knowledge of law application to defend their clients. If there is concealment of evidence in the process of judicial defense, it obviously constitutes an illegal act. In judicial practice, if there are contradictory criminal facts, the relevant legal responsibilities must be investigated.