As a lawyer, why defend the bad guys?

From a lawyer's point of view, the law is a clause that defines whether a person's behavior is reasonable or not. And a person cannot be called a bad person until he has been convicted.

A citizen is judged by the legal process whether he is a bad person or a "bad person" who is just a one-sided conclusion based on the eyes of the people. Without this process, then anyone who is suspected can only be a criminal suspect, and of course has to defend it.

The most fundamental reason for lawyers to defend the so-called "bad guys" is that the so-called "bad guys" are also human beings, all men are created equal, and after being arrested, many rights are restricted, but this does not mean that they can be deprived of the legal rights they enjoy in accordance with the law, they are confined to the detention center, and they still enjoy the right to defense, defense, accusation, etc. Everyone has the right to a defense, and as long as it is a client, the lawyer should defend him. According to article 37 of China's Criminal Procedure Law, defense lawyers shall, on the basis of facts and law, submit materials and opinions on whether the criminal suspect or defendant is not guilty, the crime is minor, or that his criminal responsibility is reduced or exempted, so as to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

Article 37 of the Criminal Procedure Law stipulates that the responsibility of a defender is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the reduction or exemption of criminal responsibility on the basis of facts and law, and to protect the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

The reason why a lawyer defends a bad guy: Everyone has the right to defend themselves, and as long as they are clients, lawyers should defend them. According to the provisions of China's "Criminal Procedure Law", defense lawyers shall, on the basis of facts and law, submit materials and opinions on whether the criminal suspect or defendant is not guilty, the crime is minor, or that his criminal responsibility is reduced or exempted, so as to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.

Legal basis] Code of Criminal Procedure

Article 37: The responsibility of defenders is to submit materials and opinions on the criminal suspect or defendant's innocence, minor crimes, or commutation or exemption from criminal responsibility on the basis of facts and law, to preserve the criminal suspect's or defendant's procedural rights and other lawful rights and interests.

The purpose of criminal law is to punish crimes and guarantee human rights, and the right to a defence is a fundamental human right. No one may be found guilty without a trial by the court, so the criminal suspect may be innocent, and defending the criminal suspect is to prevent the occurrence of unjust, false and wrongly decided cases; On the other hand, there is respect for the right to life. Moreover, the Criminal Procedure Law stipulates that the people's courts, people's procuratorates, and public security organs shall guarantee the right to defense and other procedural rights enjoyed by criminal suspects, defendants, and other litigation participants in accordance with the law.

If a criminal suspect or defendant in a criminal case is a juvenile, has visual, hearing, or speech disabilities, is an adult harasser who cannot fully recognize his or her own conduct, is a defendant in a death penalty review case applying for legal aid, or is a defendant in a case tried in absentia, and has not retained a defender, the public procuratorate, procuratorate, and judicial organs shall also notify the legal aid institution to appoint a lawyer to serve as the defender. It can be seen that, from a legal point of view, China allows or even supports lawyers to defend those who commit crimes.

Legal basis] Article 130 of the Constitution states that the people's courts shall hear cases of false assault in public, except in special circumstances provided for by law. The accused has the right to a defence.

The law pursues not only substantive justice, but also procedural justice, and when there is a conflict of values between the two, the law gives priority to procedural justice. Therefore, the positive number of cases of "bad people" by lawyers not only ensures that the rights of "bad people" are realized, but also supervises the abuse of public power (such as extorting confessions by torture) and ensures procedural fairness, so as to promote the construction of the rule of law. "China's Criminal Procedure Law clearly stipulates the right of defense of criminal suspects and defendants.

The so-called right to defend is the right to guide criminal defendants and their defenders to make defenses, refutations, and counter-evidence on the facts of the crimes they are accused of or being pursued, in terms of facts, evidence, law, punishment, and other aspects, so as to protect the defendant's lawful rights and interests and ensure that the case is handled fairly and lawfully. Article 32 of the Criminal Procedure Law: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders.

Legal basis. Article 32 of the Criminal Procedure Law of the People's Republic of China: The provisions of this chapter on recusal apply to clerks, translators, early search personnel, and evaluators. Defenders and litigants may request recusal or apply for reconsideration in accordance with the provisions of this chapter.

1) The reason why lawyers defend bad guys: everyone has the right to defend, and as long as they are clients, lawyers should defend them;

2) Defense lawyers shall, on the basis of facts and law, submit materials and opinions on whether the criminal suspect or defendant is not guilty, the crime is minor, or that their criminal responsibility is mitigated or exempted, to preserve the criminal suspect's or defendant's procedural rights and other lawful rights and interests.

2. Legal basis:

Article 37 of the Criminal Procedure Law:

The defender's responsibility is to submit materials and opinions on the innocence of the criminal suspect or defendant, the minor crime, or the reduction or exemption of criminal responsibility on the basis of the facts and the law, and to preserve the criminal suspect's or defendant's right to expeditious litigation and other lawful rights and interests;

Procedurally, no one can be convicted without a court hearing and verdict. In other words, until the judicial authorities declare guilty, the "bad guys" can only be called criminal suspects. At the same time, whether they are bad people or not, their rights, including the right to defense, should naturally be protected by law.