as his defenders from the date on which the
case is transferred for examination before prosecution. A defendant in a
case of private prosecution shall have the right to entrust persons as
his defenders at any time.
A People's Procuratorate shall, within three days from the date of
receiving the file record of a case transferred for examination before
prosecution, inform the criminal suspect that he has the right to
entrust persons as his defenders. A People's Court shall, within three
days from the date of accepting a case of private prosecution, inform
the defendant that he has the right to entrust persons as his defenders.
Article 34 If a case is to be brought in court by a public prosecutor
and the defendant involved has not entrusted anyone to be his defender
due to financial difficulties or other reasons, the People's Court may
designate a lawyer that is obligated to provide legal aid to serve as a
defender.
If the defendant is blind, deaf or mute, or if he is a minor, and thus
has not entrusted anyone to be his defender, the People's Court shall
designate a lawyer that is obligated to provide legal aid to serve as a
defender.
If there is the possibility that the defendant may be sentenced to death
and yet he has not entrusted anyone to be his defender, the People's
Court shall designate a lawyer that is obligated to provide legal aid to
serve as a defender.
Article 35 The responsibility of a defender shall be to present,
according to the facts and law, materials and opinions proving the
innocence of the criminal suspect or 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
criminal suspect or the defendant.
Article 36 Defence lawyers may, from the date on which the People's
Procuratorate begins to examine a case for prosecution, consult, extract
and duplicate the judicial documents pertaining to the current case and
the technical verification material, and may meet and correspond with
the criminal suspect in custody. Other defenders, with permission of the
People's Procuratorate, may also consult, extract and duplicate the
above-mentioned material, meet and correspond with the criminal suspect
in custody.
Defence lawyers may, from the date on which the People's Court accepts a
case, consult, extract and duplicate the material of the facts of the
crime accused in the current case, and may meet and correspond with the
defendant in custody. Other defenders, with permission of the People's
Court, may also consult, extract and duplicate the above-mentioned
material, and may meet and correspond with the defendant in custody.
Article 37 Defence lawyers may, with the consent of上一页 [1] [2] [3] [4] [5] 下一页
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