The defense lawyer guarantees the defendant's most basic rights. Just because he is the defendant doesn't mean he can't defend himself. A defender refers to a person who is entrusted by a criminal suspect or defendant or appointed by a people's court to help the criminal suspect or defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Article 32 of China's Criminal Procedure Law stipulates that a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. That is, a criminal suspect or defendant can entrust two defenders at most. In the case of * * * accomplice, because of the interest relationship between the criminal suspect and the defendant, a defender may not accept the entrustment of two or more co-defendants as his * * * accomplice defenders at the same time. Defenders undertake defense functions together with criminal suspects and defendants in criminal proceedings. Defenders should actively confront the complainant who undertakes the appeal function according to the facts and laws, and put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to urge the judge to listen to the opinions of both parties and make a fair judgment on the basis of neutrality. Therefore, it is of great significance to establish a defender defense system in criminal proceedings. First of all, the defender's defense system is of great significance for promoting and ensuring judicial justice and litigation democracy. The implementation of the defense system is conducive to the correct handling of cases by judicial organs, preventing the subjective one-sidedness of case handlers, thus avoiding the occurrence of unjust, false and wrong cases. Secondly, the defender defense system is conducive to the public security and judicial organs to safeguard the legitimate rights and interests of criminal suspects and defendants. In criminal proceedings, because criminal suspects and defendants are in the position of being prosecuted, their personal freedom is often restricted, and they can't fully and deeply understand the case, and they can't collect evidence materials that are beneficial to them, so it is difficult to exercise their right to self-defense; On the other hand, most criminal suspects and defendants lack legal knowledge, do not know what litigation rights they enjoy, how to exercise these rights, and do not know the legal consequences of their actions. Therefore, most criminal suspects and defendants cannot correctly use the law to defend themselves in order to safeguard their legitimate rights and interests. Defenders are mainly defense lawyers, who have both legal knowledge and extensive litigation rights, and can fully and concretely understand the case. At the same time, defense lawyers have rich defense experience and skilled litigation skills, which can help criminal suspects or defendants correctly exercise their defense rights, thus protecting their legitimate rights and interests more effectively. Finally, the defender's defense system is conducive to better completing the educational task of criminal proceedings. In court, the debate between the prosecution and the defense can make the audience fully understand the case, distinguish right from wrong, and enhance citizens' legal concept. The purpose of the court to hire a lawyer is to better ensure that the defendant has the relevant rights and obligations in court to safeguard his own related affairs. Defenders do not necessarily need to be defense lawyers, and individuals or certain groups can be defense lawyers. Defense lawyers can protect the rights and obligations of defendants more effectively.
Legal objectivity:
Article 39 of the Criminal Procedure Law: A defense lawyer may meet and correspond with a criminal suspect or defendant 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 criminal cases endangering national security and terrorist activities, 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 the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.