The lawyer on duty has three important rights in the process of providing legal assistance.
The first is the right to meet. The criminal suspect and the defendant have the right to make an appointment with the lawyer on duty, and the lawyer on duty will go to the detention center to handle the legal aid interview formalities with the relevant documents, and the detention center shall arrange the meeting in time.
The second is the right to read papers. In the investigation stage, the lawyer on duty can ask the investigation organ about the charges charged by the criminal suspect and the relevant situation of the case. From the stage of examination and prosecution, he can consult the case materials and understand the case. The people's procuratorate and the people's court shall make timely arrangements and provide convenience.
The third is the right to express opinions. In the stage of examination and prosecution, if the criminal suspect pleads guilty and admits punishment, the lawyer on duty may put forward opinions to the people's procuratorate on related matters. If the lawyer on duty puts forward opinions on the matters mentioned in the preceding paragraph, the people's procuratorate shall put them on record and attach them. If the opinions of the lawyers on duty are not adopted, the reasons shall be explained.
Although the scope of rights of lawyers on duty is still smaller than that of defenders, this is based on the different legal status of lawyers on duty and defenders in criminal proceedings. "People's Republic of China (PRC) Criminal Procedure Law" and "Working Measures for Legal Aid Lawyers on Duty" also reserve space for the rights of lawyers on duty, which need to be further improved in the practical exploration and theoretical discussion of the lawyer on duty system in the future.
2. What is the duty of the lawyer on duty?
A lawyer on duty refers to a lawyer whose legal aid institutions set up legal aid workstations in detention centers, people's procuratorates, people's courts and other places to provide legal aid to criminal suspects and defendants without defenders through stationing or arranging. His duties include:
1, providing legal advice;
2. Provide suggestions on scheme selection;
3. Help criminal suspects and defendants to apply for changing compulsory measures;
4. Put forward opinions on handling cases;
5. Help criminal suspects, defendants and their close relatives to apply for legal aid;
6. Explain to criminal suspects and defendants the nature and legal provisions of confession and punishment;
7, the people's Procuratorate's allegations, sentencing recommendations, the application of litigation procedures and other matters;
8. The criminal suspect was present when he signed the confession and repentance book;
9. Other matters stipulated by laws and regulations.
The right to meet, read papers and make suggestions are the main rights of lawyers on duty. The lawyers on duty mainly work in detention centers or people's courts, and make arrangements by stationing, providing legal advice to criminal suspects or defendants, and giving opinions on handling cases, which can help criminal suspects or defendants change criminal compulsory measures and help defendants apply for legal aid.
legal ground
According to "Criminal Procedure Law" and "Working Measures for Lawyers on Duty in Legal Aid", the legal duties of lawyers on duty include: providing legal advice, making suggestions on scheme selection, helping criminal suspects and defendants to apply for changing compulsory measures, giving opinions on handling cases, helping criminal suspects, defendants and their close relatives to apply for legal aid, and other matters stipulated by laws and regulations. Accordingly, lawyers on duty provide legal aid, which has become a criminal legal aid service model integrating legal consultation, criminal defense and criminal agency. The legal aid system is a social welfare undertaking and the common responsibility of the party and the government. We should take the rule of law, equality and justice as the basic value orientation, constantly solve the difficulties and problems in legal aid work, boldly explore and innovate, take measures, pay close attention to implementation, and promote the continuous development and deepening of legal aid work.