(1) The plaintiff and his litigation representatives speak;
(2) The defendant and his litigation representatives The third party and his litigation agent shall speak or respond;
(4) Debate each other.
When the court debate ends, the presiding judge shall solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.
Second, if it is a criminal case, then according to Article 35 of the Criminal Procedure Law, the defender’s responsibility is to prove that the criminal suspect or defendant is innocent, the crime is minor, or the criminal liability is reduced or exempted. materials and opinions to safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 36: Defense lawyers may provide legal aid to criminal suspects during the investigation; represent them in appeals and accusations; apply for changes in compulsory measures; and inquire with the investigative agencies about the crimes the suspects are suspected of and related matters in the case. situation and provide opinions.
Article 37 Defense lawyers may meet and communicate with criminal suspects and defendants in custody. Other defenders may also meet and communicate with criminal suspects and defendants in custody with the permission of the People's Court and People's Procuratorate.
If a defense lawyer requests to meet with a detained criminal suspect or defendant with a lawyer's practicing certificate, law firm certificate, power of attorney, or legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours.
In cases of crimes endangering national security, terrorist activities, and particularly major bribery crimes, defense lawyers must obtain permission from the investigation agency to meet with criminal suspects in custody during the investigation. The investigation agency shall notify the detention center of the above situation in advance.
Defense lawyers meet with criminal suspects and defendants in custody to learn about the case and provide legal advice. From the date the case is transferred for review and prosecution, relevant evidence can be verified with the criminal suspect or defendant. Defense lawyers are not subject to surveillance when meeting criminal suspects and defendants.
The provisions of paragraphs 1, 3, and 4 shall apply to meetings and communications between defense lawyers and criminal suspects and defendants who are under residential surveillance.
Article 38 From the date of review of prosecution by the People’s Procuratorate, defense lawyers may review, excerpt, and copy the case file materials. Other defenders may also consult, excerpt, and copy the above-mentioned materials with the permission of the People's Court or People's Procuratorate.
Article 39: If the defender believes that the evidence and materials collected by the public security organs and the People's Procuratorate during the investigation, review and prosecution period to prove the innocence of the criminal suspect or defendant or the misdemeanor of the crime have not been submitted, the defender has the right to submit it to the people. The Procuratorate and the People's Court apply for transfer.
Article 40 The defender shall promptly notify the public security organs and the People's Procuratorate of evidence that the criminal suspect is not at the crime scene, has not reached the age of criminal responsibility, and is a mentally ill person who is not criminally responsible according to law.
Article 41 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the People's Procuratorate or the People's Court to collect and obtain evidence, or apply to the People's The court notifies the witness to appear in court to testify.
With the permission of the People's Procuratorate or the People's Court, and with the consent of the victim or his close relatives or the witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Article 42: Defenders or other persons shall not help criminal suspects or defendants conceal, destroy, forge evidence or collude in confessions, and shall not threaten or induce witnesses to commit perjury or engage in other acts that obstruct judicial proceedings.
Anyone who violates the provisions of the preceding paragraph shall be held legally responsible in accordance with the law. If the defender is suspected of committing a crime, the case shall be handled by an investigation agency other than the investigative agency where the defender handled the case. If the defender is a lawyer, he shall promptly notify his law firm or the bar association to which he belongs.