1. Provide legal advice to criminal suspects and represent them in complaints and accusations.
2. Apply for bail pending trial for the arrested criminal suspect.
3. If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend.
4. Since the criminal suspect is interrogated by the investigation organ for the first time or compulsory measures are taken, the entrusted lawyer has the right to meet the criminal suspect and defendant with the lawyer's practice certificate, the certificate of law firm, the power of attorney or the official letter of legal aid to learn about the relevant case.
5. Lawyers meet with criminal suspects and defendants without being monitored.
6, since the date of the case review and prosecution, have the right to consult, extract and copy the litigation documents and files related to this case.
7. Since the people's court accepts the case, it has the right to consult, extract and copy all materials related to the case.
8, according to the needs of the case, you can apply to the people's procuratorate, the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court.
9. A lawyer may, on the strength of his lawyer's practice certificate and law firm's certificate, investigate the situation related to undertaking legal affairs to the relevant units or individuals on his own.
10. If a lawyer acts as a defender, his right to defense is guaranteed according to law.
What is the status of defense lawyers in criminal proceedings?
Defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants. Defender, criminal suspect and defendant have the same defense function, which is independent of accusation function and trial function. Defenders have the status of independent participants in litigation, defend according to their own will, perform their duties independently, safeguard the legitimate rights and interests of criminal suspects and defendants, and are not influenced by the opinions of prosecutors or the will of criminal suspects and defendants; You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants. Defenders and prosecutors who appear in court for public prosecution should have equal litigation status. They all obey the command of the judges of the court and perform their respective litigation functions according to law, and no organ, group or individual may illegally interfere. Defenders can only take facts as the basis and the law as the criterion when they undertake the defense function. His legal obligation is to be faithful to the truth of the case, respect the objective evidence and stick to the truth. He can neither speculate or guess subjectively, nor distort the facts, thus effectively safeguarding the seriousness of the law.
Criminal suspects, defendants themselves and their close relatives can actually entrust defense lawyers for them. According to the relevant laws and regulations of our country, they can entrust lawyers to provide help from the day when compulsory measures are taken for the first time. Of course, the Criminal Procedure Law stipulates that lawyers are not the only ones who can act as defenders, but they need to meet the prescribed conditions. In other words, not everyone can be a defender.
Legal basis:
Article 38 of the Criminal Procedure Law
Defense lawyers can provide legal aid to criminal suspects during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.
Article 39 of the Criminal Procedure Law
Defense lawyers can meet and correspond 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. When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
Article 40 of the Criminal Procedure Law
From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.