What is the significance of lawyers defending their clients? (1) The existence of criminal lawyers is conducive to the establishment of the litigation mode of criminal litigation in China, the balance of rights between the prosecution and the defense, the checks and balances between the prosecution and the defense, and the neutral judgment of the court. The antagonistic ability of criminal defense lawyers can make the prosecution, defense and trial form an "isosceles triangle" litigation structure in criminal litigation defense, thus forming mutual constraints between the prosecution, defense and trial. The "isosceles triangle" litigation structure represents the litigation mechanism of separation of prosecution and defense, equality between prosecution and defense, and judge-centered. On the static level, the equal confrontation between the prosecution and the defense is the basis of this litigation mechanism. The neutrality of judges is the pillar of litigation mechanism. On the dynamic level, the litigation activities of the prosecution and the defense not only form a horizontal competitive force between the prosecution and the defense, but also have a vertical binding force on the judge's judgment activities, that is, the judge should form a core conviction of the facts of the case based on the competitive activities of the prosecution and the defense, and make a fair judgment within the scope of the litigation requests of the prosecution and the defense. Moreover, the horizontal reaction force and the vertical binding force constitute the internal equilibrium state of the isosceles triangle litigation structure, and the litigation procedure conforming to this state not only meets the basic requirements of procedural justice, but also ensures the realization of substantive justice and gives consideration to judicial efficiency. (two) the existence of criminal defense lawyers can better protect the rights of the parties, save the litigation costs of the parties, and improve the efficiency of the parties to participate in litigation. A reasonable and scientific procedure is to accomplish as many tasks as possible with as little investment as possible, and at the same time reduce the cost of misjudgment. Shortening the closing cycle will inevitably reduce the judicial input including manpower, material resources and financial resources. At the same time, by improving the lawyer's right to meet, investigate and collect evidence and read papers in legislation, unnecessary losses caused by difficulties in meeting, investigating and collecting evidence and reading papers can be avoided. At the same time, it avoids the occurrence of unjust, false and wrong cases, and also avoids the defendant's complaints and appeals, that is, it reduces the error cost and ethical cost, effectively saves the national judicial resources and improves the litigation efficiency. To sum up, only criminal defense system can make the defense have the power to compete with the prosecution, highlight the defensive and actionable nature of the current trial method, give full play to the defense function, effectively use and rationally allocate the country's judicial resources, reduce litigation costs, improve litigation efficiency, and effectively protect the legitimate rights and interests of defendants. The main job of a lawyer as a defender is 1. In the investigation stage, criminal defense lawyers provide legal aid to criminal suspects. After the public security organs, people's procuratorates and other investigating legal organs interrogate the criminal suspect for the first time or take compulsory measures, the law firm can accept the employment of the criminal suspect or his relatives, appoint lawyers to meet the criminal suspect, and criminal defense lawyers can provide legal advice and represent their complaints and accusations. If the suspects are detained, they can apply for bail pending trial. 2. In the stage of examination and prosecution, criminal defense lawyers act as defenders or agents ad litem. After a criminal case is transferred to the people's procuratorate for examination and prosecution by the investigation organ, the lawyer may accept the entrustment of the criminal suspect himself or his relatives and friends as a defender; The victim, his legal representative or close relatives, and the parties to a civil lawsuit may be entrusted as agents ad litem. In the stage of examination and prosecution, lawyers who act as defenders can consult, extract and copy relevant materials of the case, meet or correspond with criminal suspects, investigate and collect materials related to the case, and put forward opinions on defense or agency. In the stage of examination and prosecution, defense lawyers have the right to request the release or change of compulsory measures according to law and obtain bail pending trial. 3. At the trial stage, criminal defense lawyers act as defenders of public prosecution cases in the first and second instance. At this stage, lawyers have the right to go to the people's court to consult, extract and copy the case materials, meet with the defendants in custody, investigate and collect the evidence materials related to the case according to the actual situation, apply to the people's court to inform witnesses, experts and producers of inspection records to testify in court, apply for re-appraisal, participate in court investigations and express their defense opinions. After the judgment of first instance, you can meet the defendant, listen to his opinions on the content of the judgment and whether to appeal, and give legal help. 4. At the trial stage, criminal defense lawyers act as litigation agents for the victims of public prosecution cases. An attorney shall cooperate with the public prosecutor, exercise the appeal function according to law, argue with the defendant and his defender, and put forward legal opinions on conviction and sentencing on behalf of the victim. 5 as agents ad litem or defenders of the parties to a private prosecution case. As the litigation agent of the plaintiff in a private prosecution case, he mainly acts as an agent to exercise the accusation function, support the accusation and refute the other party's defense point of view. The role as a defendant's defender in a private prosecution case is basically the same as that in a public prosecution case of first instance and second instance. 6. Acting as an agent ad litem of the parties involved in incidental civil litigation. An agent entrusted to act as the plaintiff in an incidental civil action shall write an incidental civil complaint on behalf of the client, clearly put forward the litigation request, investigate and collect evidence, argue with the other party in court, and safeguard the legitimate property rights and interests of the client. 7, as a defense lawyer for death penalty review cases. 8. Acting as an agent in appeal cases. A defense lawyer may accept the entrustment of the parties to the case or their legal representatives or close relatives, lodge a complaint against the criminal judgment that has taken legal effect, and request the people's court to revise the judgment through retrial according to law. If readers need help with other legal issues, they can consult online. We have a professional team of lawyers who can help you.
Legal objectivity:
According to Article 33 of China's Criminal Procedure Law: "A criminal suspect has the right to entrust a defender from the date when the case is transferred for review." In other words, in the stage of examination and prosecution, lawyers began to appear as "defenders". At this stage, except for criminal suspects who are under surveillance, the Criminal Procedure Law does not restrict defense lawyers from meeting criminal suspects. As long as he is a defense lawyer, he has the right to meet the criminal suspect in custody, without the approval of the procuratorial organ, and the procuratorial organ should not send personnel to meet at the scene. As for the content of the interview, as long as it is necessary to perform defense duties according to law, you can talk about it without restrictions. In addition, you can communicate with criminal suspects, and the content they communicate should not be checked and arbitrarily detained. In the stage of examination and prosecution, the defense lawyer meets the criminal suspect in the following aspects: (1) Asking the facts of the case and listening to the statement and defense of the criminal suspect. If the facts stated by the criminal suspect are different from those stated in the public prosecution opinion, the defense lawyer should ask clearly, even if there are differences in details. (2) Check the materials and opinions that prove the criminal suspect's innocence, light crime or reduced or exempted from criminal responsibility, and ask the criminal suspect whether there are new witnesses, physical evidence and evidence clues. (3) Inform them of their litigation rights and obligations at the stage of examination and prosecution. For example, when the case-handling personnel of the procuratorate interrogate him, he has the right to apply for withdrawal, the right to defense, the right to request re-appraisal, and the right to appeal against the prosecution decision. (4) ask about the case. Ask about the duration of his detention, whether the case-handling personnel have carried out illegal acts such as extorting a confession by torture and detaining him in disguised form, and whether they have seized or frozen property with the case. According to the contents of the above-mentioned meeting, defense lawyers can put forward defense opinions to the people's procuratorate to prove the criminal suspect's innocence, light crime or reduce his criminal responsibility. If criminal responsibility should not be investigated, or if the evidence is insufficient and does not meet the conditions for prosecution, or if the circumstances of the crime are minor, it is not necessary to sentence or be exempted from punishment according to the provisions of the Criminal Law, it should be suggested that the People's Procuratorate make a decision not to prosecute. If the criminal suspect refuses to accept the decision to plead guilty and repent, the defense lawyer may appeal to the people's procuratorate on his behalf; If the case has sealed up or frozen property, it may request the people's procuratorate to terminate it after making a decision not to prosecute. If the detention period has exceeded the time limit prescribed by law, he may request the cancellation or change of compulsory measures on behalf of the criminal suspect; If the case-handling personnel commit illegal acts such as extorting confessions by torture or detaining them in disguised form, they may prosecute on their behalf.