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MindMap Gallery Defense and representation

Defense and representation

This is a mind map about defense and agency. The main contents include: criminal representation, duty lawyer, defender’s obligations, defender’s rights, defender’s litigation status: anyone who is independent of the trial cannot serve as a defender, criminal defense Types, historical development of criminal defense, characteristics of criminal defense.

Edited at 2024-11-27 22:53:20

natalie__

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Defense and representation

natalie__

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Outline

Defense and representation

Defense in modern criminal proceedings: refers to the fact that suspects, defendants and their defenders, in criminal proceedings, make substantive and procedural claims that are beneficial to the investigation, prosecution and prosecution of private prosecutors based on facts and law. The sum of the evidentiary materials and opinions of suspects and defendants, and a series of litigation actions to protect the legitimate rights and interests of suspects and defendants from unfair treatment and treatment.

Characteristics of Criminal Defense

Confrontation, civility, rights, litigation function

The historical development of criminal defense

Self-defense---Defender’s defense

Entrusted defense---Legal aid defense

Substantive defense during trial---Procedural defense before trial

Types of criminal defense

1. Defend yourself

2. Entrust defense

A suspect has the right to entrust a defender from the date he is first interrogated or taken compulsory measures by the investigative agency.

Obligation to inform suspects and defendants of their right to retain a lawyer.

Clients: suspects, defendants, guardians, and close relatives.

3. Assign defense

mandatory assignment of defense

No appointed defender (blind, deaf-mute, half-mad, minor, possible life imprisonment, possible death penalty)

Application for assignment of defense

Cannot serve as defender

1. People who are serving a sentence/who are on probation or parole and are taking postgraduate examinations.

2. People who are deprived or restricted of personal freedom according to law

3. Persons who have been dismissed from public office/have had their practicing certificates as lawyers or notaries revoked

4. Current employees of courts, procuratorates, supervisory agencies, public security agencies, national security agencies, and prisons

5. People’s assessors

6. The outcome of this case shall be decided by persons interested in

7.Foreigners/stateless persons

8. Unlimited people

Defender's litigation status: Any person independent of the trial.

Advocate's rights

1. Right to job security

2. Right to review: review, excerpt, copy

⭐3. Right to meet and communicate

When you go to the detention center to meet you, the detention center should make arrangements promptly, no later than 48 hours.

Exceptions (Danger and Terrorism): Crimes endangering national security and crimes of terrorist activities must be approved by the investigation agency.

Purpose and guarantee: to understand the case, provide legal advice, verify evidence with the suspect, and prevent the interview from being monitored.

4. Right to investigate and collect evidence (Received with consent)

With the permission of the court & prosecutor's office and the consent of the victim/his close relatives and the witnesses provided by the victim, the defense lawyer can collect materials related to the case from them.

⭐5. The right to submit defense opinions

Approval of arrests and before the investigation is completed - can be listened to; any opinions should be listened to.

6. Obtain the right to appear in court.

Get a hearing notice 3 days before the hearing.

7. Right to appear in court for defense

8. Denial of right to defense

Principle: Once a commission is accepted, it cannot be refused without justifiable reasons.

Exception: Using the services provided by the lawyer to engage in illegal gains/the client deliberately conceals important facts related to the case (no refund is allowed)

The defendant shall generally not change lawyers more than twice.

9. The right to request the public security organs, procuratorates, and courts to lift the compulsory measures against suspects or defendants whose compulsory measures exceed the statutory time limit.

10. Defenders have the right to file complaints and accusations in accordance with the law against judicial organs and their staff who handle cases illegally and infringe on the personal and property rights of parties.

11. The defender has the right to keep confidential the client’s relevant circumstances and information that he/she comes to know in the course of his/her professional activities. (Exception: If you are preparing/committing a crime that endangers national security, public safety, or seriously endangers the personal safety of others, you must promptly notify the judicial authorities)

12. Other litigation rights (eg: application for avoidance, right to obtain relevant litigation documents, etc.)

Defender's Obligations

1. After accepting the entrustment, the agency handling the case should be promptly informed.

2. The defender shall promptly notify the public security organs and procuratorate of the evidence collected regarding the suspect who is no longer at the crime scene, has not reached the age of criminal responsibility, and is a mentally ill person who refuses to accept criminal responsibility according to law.

3. After accepting the entrustment/being assigned as a defender, a lawyer is obliged to defend the suspect or defendant and shall not refuse without justifiable reasons.

4. Defenders shall not help suspects or defendants conceal, destroy, or fabricate evidence/collude with confessions, and shall not threaten or induce witnesses to commit perjury, or engage in other acts that interfere with the litigation activities of judicial organs.

5. The defender shall keep state secrets and the client’s business secrets that he knows in the course of his professional activities, and shall not disclose the client’s privacy.

6. The defender shall abide by litigation disciplines.

7. A defender shall not accept a commission without permission, collect fees from the client without permission, or collect the client's property.

8. Defenders are not allowed to meet with judges or prosecutors in violation of regulations.

9. Defenders are not allowed to treat judges, prosecutors and other staff with gifts/bribes, or instruct or induce the parties to pay bribes.

duty lawyer

Duty lawyers are dispatched by legal aid agencies to courts, detention centers and other places. They also belong to the category of legal aid in nature, but they are different from general legal aid lawyers.

Not an advocate. Provide legal advice to suspects and defendants, suggestions on procedural selection, application for changes in compulsory measures, opinions on case handling, witnessing double recognition, etc.

You can check the file materials and understand the case

criminal representation

Also known as agency in criminal proceedings, it means that the agent accepts the entrustment of the principal, or the agent participates in litigation activities and performs litigation actions in the name of the principal based on a specific relationship stipulated by law with the principal. , a legal system in which the principal bears the legal consequences of the agency's actions.

Prosecution case

From the date of review and prosecution of the case, the victim and his legal representative/close relatives have the right to entrust an attorney ad litem.

Private prosecution cases (Right to entrust at any time)

It means that the private prosecutor and his legal agent entrust a litigation agent to represent the private prosecutor in litigation activities in accordance with the law and safeguard the legitimate rights and interests of the private prosecutor.

Incidental civil litigation cases

It refers to the parties involved in a civil lawsuit and their legal representatives who entrust agents to participate in the litigation in accordance with the law to safeguard the legitimate rights and interests of the parties.