According to the law, lawyers, close relatives of the parties, social organizations, parties or local units recommended by the people and the people's court may permit other citizens in criminal cases as the defendant's counsel, victims or agent of the proceedings in civil, administrative cases As an agent of the parties.
As a social recognition of professional legal workers, lawyers in legal activities, particularly in criminal and administrative proceedings, there is still a "privilege", that is, in the performance of legal duties by the lawyers enjoy the rights and obligations under the And the other people there are still some legal provisions on the difference between:
First, legal services lawyers in the field of "privileges"
Public security, procuratorial, judicial unification of the three examinations, a lawyer for more stringent. Or legal institutions of higher learning with more than undergraduate education, or other undergraduate colleges and universities is more than academic qualifications but have legal expertise, but also must pass the national unified judicial examination. This "high" makes the threshold of becoming a lawyer familiar with the law, to provide legal services for the community, the State recognized professionals. Coupled with the strict management of lawyers, legal services lawyers in the field have "privileges" that the industry has, compliance Shouji, emphasize professional ethics, and other staff are unparalleled.
Second, in criminal cases "special" some rights
1, in the investigation stage, lawyers "special" to provide some legal advice, the Acting appeals, accusations and the right to apply for release on bail.
China's "Criminal Procedure" Article 96 stipulates: criminal suspects in the investigation of the first interrogation after the authorities or the taking of measures on the date, you can hire a lawyer to provide legal advice, the Acting appeals, accusations. Criminal suspects were arrested, hired by lawyers to apply for release on bail.
Entrusted with the investigation authorities have the right to counsel understanding of criminal suspects in connection with, could meet with the suspects in custody, the suspects to learn more about circumstances of the case. Therefore, only the right to have lawyers and other defenders were not.
2, in reviewing the indictment stage, lawyers "special" meeting with some markers and the right to the right
China's "Criminal Procedure" Article 36 stipulates: "The defence lawyers on the case since the People's Procuratorate indicted on the date of the review, inspection, Zhai Chao, copy of the proceedings in this case instruments, technical identification of materials, with the custody of criminal suspects and the meeting Communication. "Other defence permission by the People's Procuratorate, also available, Zhai Chao, copy the above material, with the detention of criminal suspects met and communication.
3, the Court stage, lawyers "special" meeting with some markers and the right to the right.
China's "Criminal Procedure" Article 36, paragraph 2, states: "People's Court accepted the defence counsel on the case, can access, Zhai Chao, copy of the alleged crime in this case the material facts, the defendant met with the detainees and Communications, other defenders, as the people's court permission can also check, Zhai Chao, copy the above material, with the custody of the accused met and communication. "Defence counsel is entitled to legal protection of the rights and met with the right markers, rather than the other defenders are lawyers Enjoy this right is subject to approval of the People's Procuratorate and the People's Court.
4, lawyers "special" have the right to investigate and collect evidence
China's "Criminal Procedure" Article 37 stipulates: "The defence counsel as a witness or other relevant units and individuals agreed to be the case with the collection of material, can also apply for the people's procuratorates, people's courts to collect, to retrieve evidence, or for People's Court informed the witnesses to testify in court. "Defence counsel by the People's Procuratorate or the people's court permission, and the victims or their close relatives, the witnesses agreed that victims can be made to collect them and the case materials. "Namely, the defence lawyers have the right to investigate and collect evidence, the lawyers rather than the other defenders of this right has not been a clear legal protection.
Third, in administrative proceedings, the lawyers "special" some markers and the right to investigate and collect evidence of
"Administrative Procedure Law" Section 30 provides: "Acting litigation lawyers, in accordance with the provisions of relevant material available in this case can be made to the relevant organizations and civil investigations, collect evidence. Involving state secrets and personal privacy of the material, it should be in accordance with the law of confidentiality. "" The People's Court permits, parties and other agents can access the proceedings of the trial in this case, but involving state secrets and personal privacy exception. "Namely, administrative litigation lawyer in the markers have the right and the right to investigate and collect evidence, relating to state secrets Privacy and confidentiality of material obligations; lawyers rather than the other agents can only access to the trial materials, not including those involving state secrets and personal privacy of the material.
As a social recognition of professional legal workers, lawyers in legal activities, particularly in criminal and administrative proceedings, there is still a "privilege", that is, in the performance of legal duties by the lawyers enjoy the rights and obligations under the And the other people there are still some legal provisions on the difference between:
First, legal services lawyers in the field of "privileges"
Public security, procuratorial, judicial unification of the three examinations, a lawyer for more stringent. Or legal institutions of higher learning with more than undergraduate education, or other undergraduate colleges and universities is more than academic qualifications but have legal expertise, but also must pass the national unified judicial examination. This "high" makes the threshold of becoming a lawyer familiar with the law, to provide legal services for the community, the State recognized professionals. Coupled with the strict management of lawyers, legal services lawyers in the field have "privileges" that the industry has, compliance Shouji, emphasize professional ethics, and other staff are unparalleled.
Second, in criminal cases "special" some rights
1, in the investigation stage, lawyers "special" to provide some legal advice, the Acting appeals, accusations and the right to apply for release on bail.
China's "Criminal Procedure" Article 96 stipulates: criminal suspects in the investigation of the first interrogation after the authorities or the taking of measures on the date, you can hire a lawyer to provide legal advice, the Acting appeals, accusations. Criminal suspects were arrested, hired by lawyers to apply for release on bail.
Entrusted with the investigation authorities have the right to counsel understanding of criminal suspects in connection with, could meet with the suspects in custody, the suspects to learn more about circumstances of the case. Therefore, only the right to have lawyers and other defenders were not.
2, in reviewing the indictment stage, lawyers "special" meeting with some markers and the right to the right
China's "Criminal Procedure" Article 36 stipulates: "The defence lawyers on the case since the People's Procuratorate indicted on the date of the review, inspection, Zhai Chao, copy of the proceedings in this case instruments, technical identification of materials, with the custody of criminal suspects and the meeting Communication. "Other defence permission by the People's Procuratorate, also available, Zhai Chao, copy the above material, with the detention of criminal suspects met and communication.
3, the Court stage, lawyers "special" meeting with some markers and the right to the right.
China's "Criminal Procedure" Article 36, paragraph 2, states: "People's Court accepted the defence counsel on the case, can access, Zhai Chao, copy of the alleged crime in this case the material facts, the defendant met with the detainees and Communications, other defenders, as the people's court permission can also check, Zhai Chao, copy the above material, with the custody of the accused met and communication. "Defence counsel is entitled to legal protection of the rights and met with the right markers, rather than the other defenders are lawyers Enjoy this right is subject to approval of the People's Procuratorate and the People's Court.
4, lawyers "special" have the right to investigate and collect evidence
China's "Criminal Procedure" Article 37 stipulates: "The defence counsel as a witness or other relevant units and individuals agreed to be the case with the collection of material, can also apply for the people's procuratorates, people's courts to collect, to retrieve evidence, or for People's Court informed the witnesses to testify in court. "Defence counsel by the People's Procuratorate or the people's court permission, and the victims or their close relatives, the witnesses agreed that victims can be made to collect them and the case materials. "Namely, the defence lawyers have the right to investigate and collect evidence, the lawyers rather than the other defenders of this right has not been a clear legal protection.
Third, in administrative proceedings, the lawyers "special" some markers and the right to investigate and collect evidence of
"Administrative Procedure Law" Section 30 provides: "Acting litigation lawyers, in accordance with the provisions of relevant material available in this case can be made to the relevant organizations and civil investigations, collect evidence. Involving state secrets and personal privacy of the material, it should be in accordance with the law of confidentiality. "" The People's Court permits, parties and other agents can access the proceedings of the trial in this case, but involving state secrets and personal privacy exception. "Namely, administrative litigation lawyer in the markers have the right and the right to investigate and collect evidence, relating to state secrets Privacy and confidentiality of material obligations; lawyers rather than the other agents can only access to the trial materials, not including those involving state secrets and personal privacy of the material.
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