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Today, let's think about such a question: when there is a lot of evidence pointing to the guilt of the other party, everyone generally agrees that this person is a bad person, but just because one piece of evidence is not sufficient, and then release him, is it unfair to the victim?And as a lawyer, does helping the bad guys defend the professional ethics of lawyers?
First,In fact, this problem is a problem that all lawyer practitioners will face, and in depth, it may involve why such a profession as a lawyer should be set up, in fact, the professional ethics of this profession require us to defend the defendant and the suspect, and the professional requirement of the lawyer is to do this.
Second,When the law is usually understood, there seems to be a distinction between good and bad, but do bad people have no rights?When a person is listed as a defendant or a suspect, especially when all the evidence points to him, often the whole society will have a negative evaluation of him, and everyone will think that he is a bad person, and then draw a line with him, then at this time, if he is wronged, if no one stands in his perspective to protect his legitimate rights and interests, then how can his rights and interests be protected?
Let's summarize why lawyers defend bad guys, this is a question of philosophy and a matter of principle, in fact, we have two criteria:
Don't let go of a bad person, and would rather wronged a lot of good people.
How do you choose at this time?If we misplace a bad person, it may be unfair to the victim of the case in individual cases, but if we adhere to the principle of never guilty, in order not to wronged a good person, even if we misplace a bad person, at this time, in fact, we are protecting all people in the whole society.
Because none of us can guarantee that nothing will happen in this life, if you are wronged, but it is precisely because you have become a defendant, you have become a suspect, and then no one will help you, at this time it is the most terrifying, which means that all of us are not safe.
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The lawyer is not exonerating the bad guys, but helping the judge to understand the truth of the matter more comprehensively.
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Because there is no way to determine who is the bad guy before the verdict, the lawyer defends them in order to better understand the facts of the case.
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It is to make the law truly realize fairness and justice.
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No, to defend everyone, there must be punishment for mistakes.
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Therefore, even if the defendant is indeed guilty, the lawyer should still defend the defendant. Lawyers defend criminals on the basis that criminals also have human rights and that they also have the right to defend themselves. In the face of public power, due to the strength of the power of public disorder, criminals are relatively weak, and they also need lawyers to provide legal services for them, because the case-handling organs do not have the confrontational power, this crime may be defined as another crime, the crime may be less serious than the crime, and in the course of the investigation, there may also be illegal situations such as extorting confessions by interrogation, all of which require the participation of lawyers.
Article 33 of the Criminal Procedure Law of the People's Republic of China: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be retained as defenders: (1) lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit; (3) The guardians, relatives and friends of criminal suspects or defendants.
Persons who are currently serving a criminal punishment or who have been deprived or restricted of their personal liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyer's or notary public's practice certificates revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.
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The prisoner referred to below refers to the criminal suspect or defendant.
First, because prisoners are also human beings, this is the basic guarantee of human rights; And it cannot be said that the prisoner is suspected of committing a crime and deprives him of the right to find someone to speak for him, in short, the right to a defense.
2. Restrain public power, prevent public prosecutors from abusing their power, and prevent judicial deterioration. That is, the sedan chain said that the procuratorate can not say what is what, the procuratorate also has mistakes, and the people of the procuratorate are also people, everyone has the other side of the closed grandson, too much power is easy to deviate, and one of the functions of the defense is to confront the public power.
There are other reasons, think of it and write it again!
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