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| 中华人民共和国刑事诉讼法（英文版）（上） |
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| http://www.dffy.com 2007-1-19 17:18:57 来源：东方法眼 |
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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 the witnesses or other units and individuals concerned, collect information pertaining to the current case from them and they may also apply to the People s Procuratorate or the People s Court for the collection and obtaining of evidence, or request the People s Court to inform the witnesses to appear in court and give testimony.
With permission of the People s Procuratorate or the People s Court and with the consent of the victim, his near relatives or the witnesses provided by the victim, defence lawyers may collect information pertaining to the current case from them.
Article 38 Defense lawyers and other defenders shall not help the criminal suspects or defendants to conceal, destroy or falsify evidence or to tally their confessions, and shall not intimidate or induce the witnesses to modify their testimony or give false testimony or conduct other acts to interfere with the proceedings of the judicial organs.
Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.
Article 39 During a trial, the defendant may refuse to have his defendant continue to defend him and may entrust his defence to another defender.
Article 40 A victim in a case of public prosecution, his legal representatives or near relatives, and a party in an incidental civil action and his legal representatives shall, from the date on which the case is transferred for examination before prosecution, have the right to entrust agents ad litem. A private prosecutor in a case of private prosecution and his legal representatives, and a party in an incidental civil action and his legal representatives shall have the right to entrust agents ad litem at any time.
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本文关键词：刑事诉讼
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编辑：李富金 |
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