In criminal proceedings, lawyers' obligation is to present relevant evidence in favor of criminal suspects or defendants according to facts and laws, so as to safeguard the legitimate rights of clients. Specifically, the lawyer's rights are manifested in the following aspects: First, a criminal suspect can hire a lawyer to provide legal advice, represent complaints and accusations after being interrogated for the first time by the investigation organ or on the day when compulsory measures are taken. If the suspect is arrested, the lawyer hired can apply for bail pending trial. In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ; Second, the entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and learn the case from the criminal suspect. When a lawyer meets a criminal suspect in custody, the investigation organ may send personnel to be present according to the circumstances and needs of the case. When a lawyer meets a criminal suspect in custody in a case involving state secrets, it shall be approved by the investigation organ; Third, from the day when 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 the defendant with the lawyer's practice certificate, the certificate of the law firm and the power of attorney or legal aid letter to learn about the relevant case. Lawyers are not monitored when meeting with criminal suspects and defendants; Fourth, when the case is heard, the lawyer can appear in court to put forward the defense opinion of innocence or light crime for the defendant.
Legal Basis: Provisions on Several Issues Concerning Lawyers' Criminal Defense Article 1 In order to ensure that defense lawyers practice according to law and ensure that criminal proceedings are carried out smoothly according to law, these Provisions are formulated in accordance with the Criminal Procedure Law and the Lawyers Law.
Provisions on some issues concerning lawyers' criminal defense Article 2 The duty of defense lawyers is to provide materials and opinions on whether criminal suspects and defendants are innocent, lightened or exempted from criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Provisions on Several Issues Concerning Lawyers' Criminal Defense Article 3 Lawyers' exercise of their right to defense according to law shall be protected by law. Defense lawyers have the right to lodge complaints and accusations against acts that hinder or infringe their right to practice.
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A 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; 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 near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Article 35 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near 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.