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1. A lawyer who intentionally defends a bad guy is not guilty of harboring, because the lawyer's primary responsibility is to defend his client, and it does not involve covering up the other party's illegal and criminal acts.
Every lawsuit will have two parties, and we can't completely claim that the other side is the bad guy. In the case that we already know the facts, we may have our own subjective strength, but this does not mean that it is the truth of the facts. The defense lawyer will only make a series of defenses for his client, and strive to keep his client within the safe range, which is also the purpose of the client's lawyer.
No matter which party hires a lawyer, I think his basic requirement is to protect himself and maximize his rights.
2. A lawyer who deliberately defends a bad guy is not guilty of harboring, because the lawyer's responsibility is to show the evidence in front of him and reduce his client's responsibility through defense.
Lawyers basically rely on evidence to speak, and although they have their own technical skills when speaking, which may mislead or guide others, this does not mean that they have formed a crime of cover-up. They can only explain the whole process on the basis of their own knowledge of the facts, and then protect the best interests of their clients. Knowing that their client had committed a crime, they sought to reduce some of their client's liability.
3. A lawyer who deliberately defends a bad guy is not guilty of harboring, unless the opposing lawyer uses a black-and-white method to handle the lawsuit, but most lawyers dare not assume such responsibility.
Today's lawyers are very legally conscious, so they clearly know that if they use false evidence to reverse black and white in court, the consequences they will bear in the end can be imagined. So they don't sacrifice their lives in such a way, and they don't dare to take such a risk to defend someone. Every lawyer does not dare to guarantee that he will be able to win the lawsuit he accepts, because each client will have his own requirements, and as long as the interests of the client are guaranteed, the lawyer can be regarded as fulfilling his responsibility.
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There is no crime of concealment, because every idea will get the right to defend, and there are no illegal and criminal acts in the process of defense, so it is not considered a crime of abetment.
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No. Moreover, lawyers also have the right to help their complainants in their lawsuits, and these people also have the right to hire their own lawyers, all within the scope of the law.
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No, a lawyer has the right to defend his client, and he also has the obligation to defend his client, which is not illegal.
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The lawyer who defended the prisoner did not cover up the crime, and the lawyer only acted in accordance with the laws and regulations, and did not break the law.
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A lawyer who knowingly defends a bad guy is not guilty of cover-up, unless the lawyer reverses black and white when defending.
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Even if it is a heinous criminal, he needs a lawyer to defend him before **, because everyone has the right to a defense, so as long as the lawyer does not take any illegal actions in the process of defense, then even a lawyer who deliberately defends a bad person will not have the crime of harboring. If it is said that the lawyer has a series of illegal acts such as falsifying evidence when defending, then the lawyer may have committed the illegal act of forgery, but this cannot be said to be a cover-up. <>
Moreover, when looking at whether the lawyer is guilty of harboring, we also have to look at what the crime of harboring is. The Criminal Law explains the crime of harboring as follows: the act of intentionally harboring or providing conditions for the criminal to help the criminal escape legal punishment is called the crime of harboring.
The lawyer is to help the criminal suspect defend him, and when the criminal suspect needs to hire a lawyer to defend him, the criminal suspect should have been detained, so there is no cover-up. <>
Moreover, as a lawyer, he must have professional ethics, whether the person he defends is a vicious criminal or a good person who has been wronged, he must defend his client in the most powerful manner according to the law and existing evidence, which is a lawyer's professional ethics. If a criminal suspect is really guilty, he will be severely punished by the law, and there is no such situation as a lawyer who can help a criminal suspect get away with his superb ability. And if the lawyer does not help the criminal suspect defend himself based on the facts and does not take the money from the suspect, then he is wrong.
Therefore, those lawyers who help defend the bad guys, they will not be guilty of harboring in the process of handling the case, because they are fulfilling the obligations of a lawyer. And even some criminal suspects have no lawyer willing to defend him at all, and in the end, the lawyer who defended him was still dispatched. Moreover, even if the lawyer falsifies evidence when defending the criminal suspect, then the lawyer only has the crime of perjury, not the crime of covering up.
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No, because lawyers have to perform their duties and obligations, they will not be charged with any crime in the course of handling the case.
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No, he was just doing his duty, so he didn't commit such a crime, and there is a clear difference between the two.
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If he knows that the other party has done bad things and deliberately helps the other party get rid of the crime, then he is indeed guilty of covering up.
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With the continuous development of social economy and the continuous progress of science and technology, our level of education is getting higher and higher, and people's sense of meaning and recognition of the law is getting stronger and stronger. So in this process, we will inevitably encounter some problems. For many people, it is inevitable that there will be such a question, that is, whether the lawyer who deliberately defends the bad guy constitutes the crime of harboring.
In this case, every prisoner or suspect has the right to a defense. If a lawyer does not use illegal means to defend himself in the course of his defense, then it will not constitute a crime. In addition, the definition of the crime of harboring in the Criminal Law refers to harboring and shielding, which refers to providing a hidden place and property for a criminal suspect, or helping him to escape, and other acts of concealment, so it does not belong to harboring in such a situation.
And we should pay attention to the fact that the purpose of the existence of lawyers is to provide us with better legal knowledge and protect our legitimate rights. For criminal suspects, they also have rights, so we should pay attention to this. In addition, for lawyers, they are only defenders, not witnesses, there is no such fact that Jia Zheng is cover-up, and if there is similar behavior, it can only involve lawyers, and the crime of perjury has nothing to do with the crime of cover-up.
In addition, in this process, whether the suspect is guilty or not needs to be decided by the court to a certain extent, so the role of the lawyer in this process is not so absolute, or it directly leads to the development trend of the case. Therefore, for this situation, we must pay attention to the fact that lawyers can collect relevant legal evidence or evidence related to the case in accordance with the law, which is within the scope of their business, and we must know.
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There is no crime of concealment, because the bad guy also has the right to ask a lawyer to help him in his defense.
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Probably yes. If it's a deliberate attempt to defend the bad guys, then it's possible.
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No, this does not involve a crime, it is the duty of a lawyer, and a lawyer has the right to defend his client.
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Yes, everyone is equal before the law in our country, and the suspect who commits a crime also has the right to defend himself, and the lawyer can give the suspect the relevant legal help, and the lawyer profession plays such a role in the law, so it can defend the suspect.
1. Is it OK for a lawyer to defend a wicked person?
In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders.
Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.
When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that he or she has the right to retain a defender.
Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.
2. When can a lawyer be hired to defend the case?
1. According to article 33 of the Criminal Procedure Law, a defendant in a private prosecution has the right to retain a defender at any time. Within 3 days of accepting a private prosecution case, the people's court shall inform the defendant that he or she has the right to retain a defender.
2. Criminal suspects in public prosecution cases have the right to retain a defender from the date on which the case is transferred to the people's procuratorate for review for prosecution.
1) After the criminal suspect is interrogated for the first time by the investigating organ or on the date on which compulsory measures are taken, a lawyer may be hired to provide legal assistance to him.
2) Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender.
3) In cases directly accepted by the people's procuratorate, the criminal suspect shall have the right to retain a defender from the date on which the criminal investigation department of the people's procuratorate transfers the case to the review and prosecution department.
3. According to article 151 of the Criminal Procedure Law, if the defendant has not retained a defender in the first 10 days, the people's court shall inform the defendant that he may retain a defender.
To sum up, the role of lawyers in the entire litigation process is very large, and there is no unreasonable restriction of the personal rights of others in China, so suspects also have the right to defend themselves, of course, they can also apply to ask lawyers for help, and the lawyer industry should also do the same.
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The lawyer's reasons for defending the criminal Jing Liang are as follows: Everyone has the right to defend himself, and as long as he is a client, the lawyer should defend him. According to the provisions of China's "Criminal Procedure Law" in Oak Town, the defense lawyer shall, on the basis of the facts and the law, submit rough materials and opinions that the criminal suspect or defendant is not guilty, that the crime is minor, or that his criminal responsibility is mitigated or exempted, so as to protect the procedural rights and other lawful rights and interests of the criminal suspect or defendant.
Code of Criminal Procedure
Article 37.
The defender's responsibility is to submit materials and opinions on the criminal suspect's or defendant's innocence, the minority of the crime, or the reduction or exemption of criminal responsibility on the basis of the facts and law, and to preserve the procedural rights and other lawful rights and interests of the criminal suspect or defendant.
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