20 18 The Criminal Procedure Law was revised and the legal aid lawyer system was added.
Article 36 of the Criminal Procedure Law stipulates that legal aid institutions may send lawyers to be on duty in people's courts, detention centers and other places. The criminal suspect and the defendant did not entrust a defender.
If the lead legal aid institution fails to appoint a lawyer to defend it, the lawyer on duty will provide legal assistance for the criminal suspect and defendant, such as legal advice, suggestions on procedure selection, application for changing compulsory measures, and opinions on case handling.
Courts, procuratorates and detention centers shall inform criminal suspects and defendants of their right to meet with lawyers on duty, and provide convenience for criminal suspects and defendants to meet with lawyers on duty.
(1) nature
1. The duty lawyer system is an important supplement to the defense system in China.
2. The lawyer on duty helps criminal suspects and defendants defend themselves better, which is an important supplement to entrusted defense and legal aid defense. In nature, it belongs to the minimum legal aid necessary for the defendant.
3. The duty lawyer system is an important part of the legal aid system in China.
(2) Scope of application
1. Preconditions for lawyers on duty to provide legal aid: criminal suspects and defendants have not entrusted defenders, and legal aid agencies have not entrusted lawyers to defend Qin's disappearance.
2. The scope of application of the duty lawyer system is not limited to the lenient system of pleading guilty, but should cover all cases in which criminal suspects and defendants have no defenders at all stages of litigation.
(3) Status
The identity of the lawyer on duty in a specific case is not a defender, but a legal helper. If he doesn't go back to his brother, he will provide defense services in court, not the defender of the suspect or defendant.
(4) Responsibility
1. Provide legal advice to criminal suspects and defendants.
2. Suggestions on scheme selection
3. Apply for change of compulsory measures.
4. Put forward opinions on handling cases.
5. When signing the confession and repentance, the criminal suspect shall be present.
If a lighter punishment is given after pleading guilty, the lawyer on duty shall put forward opinions to the people's procuratorate on the suspected criminal facts, charges, applicable legal provisions, suggestions for lighter, mitigated or exempted punishment, applicable procedures for trial after pleading guilty, and be present when the suspect signs the affidavit.
6 to guide and help criminal suspects, defendants and their close relatives to apply for legal aid, and hand over the application materials.
7. Acting as an agent to appeal and accuse cases of extorting confessions by torture and illegally obtaining evidence.
8. Access to the case file: From the date when the procuratorial organ files a case for investigation and prosecution, it can access the materials to understand the case.
Article 12 of the Guiding Opinions on Applying the System of Pleading Guilty and Accepting Punishment with Leniency and the second paragraph of Article 296 of the the Supreme People's Procuratorate Rules stipulate that the lawyer on duty can consult the case file and know the case from the date when the people's procuratorate examines and prosecutes the case.
The people's courts and people's procuratorates shall provide convenience for lawyers on duty to consult the files.
(5) Posting place
Legal aid institutions can send lawyers to be on duty in courts, detention centers and other places.
(6) Guarantee
1. Courts, procuratorates and public security organs shall inform criminal suspects and defendants of their right to legal aid from lawyers on duty.
2. If a criminal suspect, criminal defendant and their close relatives request legal help, the court, procuratorate and public security organ shall notify the lawyer on duty to provide legal help.
(7) Obligations
1. The lawyer on duty shall not mislead the litigation behavior, and it is strictly forbidden to accept property. It is strictly forbidden to use his position to solicit the source of the case, introduce paid services of lawyers and other acts that violate the work discipline of lawyers on duty.
2. The lawyer on duty shall keep the state secrets, business secrets and the privacy of the parties he knows in his work according to law, except for criminal facts and information that endanger national security, public safety and seriously endanger the personal safety of others that are being prepared or implemented by criminal suspects, criminal defendants or others. /6c 224 f 4a 20 a 4462349 1 a 79 f 78 a 22720 e 0 df3d 757？ x-BCE-process = image % 2f resize % 2Cm _ lfit % 2Cw _ 600% 2Ch _ 800% 2c limit _ 1% 2f quality % 2Cq _ 85% 2f format % 2Cf _ auto