1. Provide legal aid to criminal suspects at the investigation stage. Meet with the criminal suspect, learn about the case from the criminal suspect and provide legal advice to the criminal suspect;
2, in the stage of examination and prosecution as a defender of criminal suspects. Consult, extract and copy the litigation documents and technical appraisal materials in this case; Correspond with criminal suspects in custody; Investigate and collect evidence materials that are beneficial to criminal suspects; If a criminal suspect in custody meets the conditions for obtaining a guarantor pending trial, he shall apply for obtaining a guarantor pending trial for the criminal suspect;
3. Being the defender of the defendant in the trial stage of public prosecution cases. Consult, extract and copy the facts of the crime alleged in this case; Introduce the court trial procedure to the defendant, and inform the defendant of his litigation rights, obligations and precautions during the trial; Apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court; Participate in the trial of first instance and second instance, put forward materials and opinions to prove the defendant's innocence, light crime or reduce or exempt his criminal responsibility, and safeguard the defendant's legitimate rights and interests; After the judgment of the court, the lawyer can meet the defendant, listen to the defendant's opinions on the contents of the judgment and give legal help;
4. Acting as an agent ad litem or defender of the parties to a criminal private prosecution case. Defender of defendants in criminal private prosecution cases: participate in court trials according to law and help defendants exercise their right to defense. Acting as the litigation agent of the criminal private prosecutor: helping the private prosecutor to analyze the case, investigate and understand the relevant facts, collect relevant evidence, write a criminal complaint on his behalf, and go through the filing formalities in the court; If the people's court decides not to initiate private prosecution, the agent private prosecutor shall apply to the people's court for reconsideration; Participate in court trials according to law and help private prosecutors exercise their right to appeal;
5. Acting as an agent for appeals. Entrusted by the parties to the case, their legal representatives and close relatives, if they think that the legally effective judgment or ruling is wrong, they may lodge a complaint with the people's court, the people's procuratorate and other units on their behalf; In an appeal case decided by the people's court for retrial, a lawyer shall defend or represent it in accordance with the original trial procedure.
Can be entrusted as a defender are:
1, lawyer;
2, people's organizations or criminal suspects and defendants recommended by the unit;
3. Guardians, relatives and friends of criminal suspects and defendants.
To sum up, criminal suspects and defendants can entrust one or two people as defenders in addition to exercising their right to defense. A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The authority of the principal-agent can only be within the scope of authorization, otherwise it is invalid. Defenders safeguard the legitimate rights and interests of criminal suspects according to law.
Legal basis:
Article 39 of the Criminal Procedure Law of People's Republic of China (PRC)
Defenders' right to meet and communicate. Defense lawyers can meet and communicate with criminal suspects and defendants 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.
Article 40
The defender's right to consult the case file. From the date of examination and prosecution by the people's procuratorate, the defense lawyer may consult, extract and copy the case file materials of this case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.