1. Can you defend the client?
The defense can be given to the parties. The defense lawyer's defense words are written from the lawyer's defense plan and defense process. According to the entrustment relationship of criminal cases, the parties have the right to know the defense content of the defense lawyer, communicate with the parties in time, and improve and optimize the defense plan on this basis, that is, the defense discourse is not divorced from the parties; When a case arrives at the court, as long as it is not a legally confidential case, the parties have the right to know the contents of the case file, the contents of the accusation of the procuratorate and the contents of the testimony of witnesses, so that the parties have an advance preparation time. Otherwise, it is unfair in criminal law, because the investigation organ and the procuratorial organ have sufficient time to prepare for the whole process, and as the defendant, they really don't know or know very little about the case file, which is unfair.
Second, what are the rights of defense of the parties?
The right of defense of criminal suspects and defendants generally includes:
1, right of presentation. When interrogating the defendant, give him the opportunity to state and defend himself.
2. Right of cross-examination. The right of criminal defendants to ask questions to witnesses and expert witnesses during the trial.
3. Right to apply for investigation of evidence. A criminal defendant may apply to the court for obtaining evidence and calling witnesses, and an expert witness also has the right to ask for confrontation with other defendants.
4. Right to debate. Criminal defendants have the right to debate on facts and laws, the probative force of evidence and procedural issues.
5. Choose to defend human rights. Criminal suspects and defendants have the right to entrust defenders to provide legal assistance and defend themselves.
6. Right to relief. If a criminal defendant refuses to accept the court's judgment or ruling, he has the right to obtain relief.
7. Avoid the right to apply. In order to prevent judicial personnel with reasons for withdrawal from affecting the fair handling of cases, the defendant is given the right to apply for withdrawal as a relief.
3. What are the types and ways of criminal defense?
Criminal defense is generally divided into justifiable defense, entrusted defense and designated defense. The so-called self-defense is the self-defense of the criminal suspect and the defendant. This kind of defense runs through the whole process of criminal proceedings. No matter in the investigation stage or the trial stage, the defendant can defend himself. Self-defense is a very effective and frequently used defense method. Entrusted defense means that a criminal suspect or defendant signs an entrusted contract with a person permitted by law, and others defend themselves. Other people here can be lawyers or other citizens. Compared with self-defense, entrusted defense is more conducive to the full exercise of the right of defense by criminal suspects and defendants, thus becoming the most important defense method in modern criminal proceedings. Designated defense means that under certain circumstances stipulated by law, the court appoints a defense lawyer to defend the defendant who has not entrusted a defender.
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
To sum up, the parties to a criminal case may entrust a lawyer after being enforced by the public security organ. As a defender, a lawyer will write a defense according to his own investigation results and give it to the parties for reference. Lawyers understand the requirements of the parties in defense through meetings and communication, and modify the contents of the defense according to their requirements. There are online lawyers. If you have any questions, please feel free to consult.