Legal analysis: The methods to protect the lawyer’s right to defend are as follows:
First, improve the lawyer’s right to participate and extend the lawyer’s defense into the investigation process.
The second is to improve lawyers’ rights to investigate and collect evidence.
The third is to improve lawyers’ review rights.
The fourth is to improve the legal aid system.
Legal basis: "People's Law of the People's Republic of China" and "National Criminal Procedure Law"
Article 40: From the date of review and prosecution of the case by the People's Procuratorate, defense lawyers may Review, extract, and copy 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 41 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 to prove the innocence of the criminal suspect or defendant or to mitigate the punishment have not been submitted, the defender has the right to apply The People's Procuratorate or the People's Court shall request it.
Article 42: The public security organs and the People’s Procuratorate shall be notified in a timely manner of evidence collected by the defender that the criminal suspect is not at the crime scene, has not reached the age of criminal responsibility, or is a mentally ill person who is not criminally responsible according to law.
Article 43: 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 People's Court to collect or 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.