辩护与代理
犯罪嫌疑人、被告人除自己行使辩护权以外,还可以委托一至二人作为辩护人。下列的人可以被委托为辩护人:
(一)律师;
(二)人民团体或者犯罪嫌疑人、被告人所在单位推荐的人;
(三)犯罪嫌疑人、被告人的监护人、亲友。
辩护人的责任是根据事实和法律,提出犯罪嫌疑人、被告人无罪、罪轻或者减轻、免除其刑事责任的材料和意见,维护犯罪嫌疑人、被告人的诉讼权利和其他合法权益。
辩护律师可以同在押的犯罪嫌疑人、被告人会见和通信。其他辩护人经人民法院、人民检察院许可,也可以同在押的犯罪嫌疑人、被告人会见和通信。
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DEFENCE
In addition to
exercising the
right to defend
himself, the
defendant may
entrust the
following
persons to
defend him:
(1) lawyers;
(2) citizens
recommended by a
people's
organization or
the unit to
which the
defendant
belongs, or
other citizens
permitted by the
people's court;
and
(3) near
relatives or
guardians of the
defendant.
The
responsibility
of a defender
shall be to
present,
according to the
facts and the
law, materials
and opinions
proving the
innocence of the
defendant, the
pettiness of his
crime and the
need for a
mitigated
punishment or
exemption from
criminal
responsibility,
thus
safeguarding the
lawful rights
and interests of
the defendant.
Defence
lawyers may
consult the file
record of the
current case,
acquaint
themselves with
the
circumstances of
the case, and
meet and
correspond with
the defendant in
custody. Other
defenders, when
permitted by the
people's court,
may also
acquaint
themselves with
the
circumstances of
the case and
meet and
correspond with
the defendant in
custody. |