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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。
 

 

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.