Because the lawyer on duty is not a defender, he does not enjoy the litigation rights enjoyed by defenders, such as the right to read papers, the right to meet, the right to communicate, and the right to investigate and collect evidence. The lawyer on duty has the right to meet the client alone, so as to better understand the case and help the suspect plead guilty and admit punishment. The lawyer on duty has the right to consult the case file and ensure that the lawyer on duty can independently investigate and collect evidence. The lawyer on duty can participate in the trial and use the results of his preliminary investigation to defend the defendant. Through the defense of the lawyer on duty, the unity of efficiency value and fair value can be realized. Giving the lawyer on duty complete defense rights, allowing him to participate in more links and fully understand the case can provide effective legal advice for the parties.
There are three main materials that can be applied to the court for investigation and evidence collection:
1. The evidence collected in the application for investigation belongs to the archival materials kept by the relevant state departments and needs to be obtained by the people's court ex officio;
2 materials involving state secrets, commercial secrets and personal privacy;
3. Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
To sum up, you should know the difference between lawyers on duty before choosing. Their powers are different, and you should choose according to your actual needs.
Legal basis:
Article 38 of the Criminal Procedure Law of People's Republic of China (PRC)
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
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.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.