THE ROLE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN CHINA-法搜-中国法律信息搜索网

　These include,first of all,the right of a criminal suspect or a defendant to engage a defender at an earlier date.The original prescription of time for them to entrust a defender is“After the decision of the people''s court to arrange a court trial of the case，… no later than 7 days before the trial.”
　Now,it is provided as:
　After being interrogated for the first time or required via compulsory measures by an investigatory organ,the criminal suspect may entrust a lawyer to provide him with legal advice and to file petitions and complaints on his behalf.(Article 96.)A criminal suspect in a public trial shall have the right to engage persons as his defenders from the date on which the case is transferred for examination and prosecution. A defendant in a private trial shall have the right to engage persons as his defenders at any time.…The People’s Prosecutor shall,within three days of receiving the case file which is transferred for examination and prosecution,inform the criminal suspect that he has the right to engage persons as his defenders.The 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 engage persons as his defenders.(Article 33.)
　Second,within the scope of responsibility,a defender no longer only acts in the court trial for defense.Now,a defender may provide legal advice and file petitions and complaints on behalf of his client,and may apply for obtaining a guarantor pending trial for a client who has been arrested,etc.In particular,an entrusted lawyer“shall have the right to find out from the investigatory organ the crimes the criminal suspect is suspected of,and may meet the criminal suspect in custody and discuss the particulars of the case with the criminal suspect”(Criminal Procedure Law,Article 96),and may “consult,extract and duplicate the material of the criminal facts as accused by the current case,meet and correspond with the defendant in custody”(Criminal Procedure Law,Article 36).