In our country, most suspects and defendants don't know much about the law, and some of them are even purely ignorant of the law. Once accused of a crime, especially after personal freedom is restricted, they often need to know the laws related to the case urgently and need lawyers to provide them with legal advice.
1. What are the rights and obligations of lawyers in the criminal procedure law?
Lawyer's Rights in the Criminal Procedure Law According to the relevant laws of our country, the main litigation rights and legal obligations enjoyed by lawyers in criminal proceedings are: the right to perform defense duties according to law, protected by national laws, and not interfered by any unit or individual; Have the right to consult the case file and understand the case; Have the right to meet with criminal suspects and defendants in custody; With permission or consent, have the right to investigate and collect evidence from relevant units and individuals; Have the right to apply for an adjournment; Have the right to ask questions during the court investigation; Have the right to ask and cross-examine witnesses and testimonies, and raise objections to the evidence; Have the right to apply for new evidence; Have the right to participate in court debates; Have the right to refuse to defend; With the consent of the defendant, he has the right to appeal on behalf of the defendant; Have the right to sue. According to Article 14 of the Criminal Procedure Law, defense lawyers have the right to accuse judges, prosecutors and investigators of infringing citizens' litigation rights or personal insults; Have the right to obtain copies of the indictment, protest, indictment, appeal, court judgment, ruling and other litigation documents of the procuratorial organ; Have the right to get a notice of defense in court three days before the trial; In the investigation stage, they have the right to ask the public security organs about the alleged charges of criminal suspects; The right to meet the criminal suspect and learn about the case from him; The right to provide legal advice, appeal and accusation on behalf of criminal suspects; The right of the arrested criminal suspect to apply for bail pending trial.
The basic obligations of lawyers in criminal proceedings: when performing defense duties, lawyers must strictly abide by the law and abide by their work discipline and professional ethics; Lawyers must conscientiously perform their defense duties and safeguard the legitimate rights and interests of criminal suspects and defendants according to law; Lawyers shall not deliberately distort or fabricate facts, destroy evidence or create false evidence, and shall not collude with criminal suspects and defendants to shield them from due punishment; State secrets and personal privacy that lawyers come into contact with during their time as defenders shall be kept confidential and shall not be disclosed; Lawyers should strictly abide by the relevant regulations of prisons when meeting with criminal suspects and defendants in custody; Lawyers should appear in court on time, abide by court rules, and strictly observe and implement legal procedures; Lawyers should respect judicial staff and safeguard the dignity of public security and judicial organs during the trial.
Second, what are the provisions of the Criminal Procedure Law on entrusted lawyers?
1, investigation stage
The 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 (starting criminal detention); During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or close relatives (parents, children, brothers and sisters) may also entrust a defender.
2. Trial stage
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. 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.
3. Legal aid and assigned defense
If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Legal objectivity:
Article 32 of the Criminal Procedure Law The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses. Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter. Article 190 of the Criminal Procedure Law: When a court session is held, the presiding judge shall ascertain whether the parties appear in court and announce the cause of action; Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense. If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.