被告人是盲、聋、哑或者未成年人而没有委托辩护人的，人民法院应当指定承担法律援助义务的律师为其提供辩护。

If the defendant is blind, deaf or mute, or if he is a minor, and thus has not entrusted anyone to be his defender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

被告人可能被判处死刑而没有委托辩护人的，人民法院应当指定承担法律援助义务的律师为其提供辩护。

If there is the possibility that the defendant may be sentenced to death and yet he has not entrusted anyone to be his defender, the People's Court shall designate a lawyer that is obligated to provide legal aid to serve as a defender.

第三十五条  辩护人的责任是根据事实和法律，提出证明犯罪嫌疑人、被告人无罪、罪轻或者减轻、免除其刑事责任的材料和意见，维护犯罪嫌疑人、被告人的合法权益。

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.

第三十六条  辩护律师自人民检察院对案件审查起诉之日起，可以查阅、摘抄、复制本案的诉讼文书、技术性鉴定材料，可以同在押的犯罪嫌疑人会见和通信。

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.

其他辩护人经人民检察院许可，也可以查阅、摘抄、复制上述材料，同在押的犯罪嫌疑人会见和通信。

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.

辩护律师自人民法院受理案件之日起，可以查阅、摘抄、复制本案所指控的犯罪事实的材料，可以同在押的被告人会见和通信。其他辩护人经人民法院许可，也可以查阅、摘抄、复制上述材料，同在押的被告人会见和通信。

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.

第三十七条  辩护律师经证人或者其他有关单位和个人同意，可以向他们收集与本案有关的材料，也可以申请人民检察院、人民法院收集、调取证据，或者申请人民法院通知证人出庭作证。

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.

辩护律师经人民检察院或者人民法院许可，并且经被害人或者其近亲属、被害人提供的证人同意，可以向他们收集与本案有关的材料。

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.

第三十八条  辩护律师和其他辩护人，不得帮助犯罪嫌疑人、被告人隐匿、毁灭、伪造证据或者串供，不得威胁、引诱证人改变证言或者作伪证以及进行其他干扰司法机关诉讼活动的行为。

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.

违反前款规定的，应当依法追究法律责任。

Whoever violates the provisions of the preceding paragraph shall be investigated for legal responsibility according to law.

第三十九条  在审判过程中，被告人可以拒绝辩护人继续为他辩护，也可以另行委托辩护人辩护。

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.

第四十条  公诉案件的被害人及其法定代理人或者近亲属，附带民事诉讼的当事人及其法定代理人，自案件移送审查起诉之日起，有权委托诉讼代理人。

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.

自诉案件的自诉人及其法定代理人，附带民事诉讼的当事人及其法定代理人，有权随时委托诉讼代理人。

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.

人民检察院自收到移送审查起诉的案件材料之日起三日以内，应当告知被害人及其法定代理人或者其近亲属、附带民事诉讼的当事人及其法定代理人有权委托诉讼代理人。

The People's Procuratorate shall, within three days from the date of receiving the file record of a case transferred for examination before prosecution, notify the victim and his legal representatives or near relatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

人民法院自受理自诉案件之日起三日以内，应当告知自诉人及其法定代理人、附带民事诉讼的当事人及其法定代理人有权委托诉讼代理人。

The People's Court shall, within three days from the date of accepting a case of private prosecution, notify the private prosecutor and his legal representatives and the party in an incidental civil action and his legal representatives that they have the right to entrust agents ad litem.

第四十一条 委托诉讼代理人，参照本法第三十二条的规定执行。

Article 41 With regard to entrusting of agents ad litem, the provisions of Article 32 of this Law shall be applied mutatis mutandis.

第四十二条 证明案件真实情况的一切事实，都是证据。

Article 42 All facts that prove the true circumstances of a case shall be evidence.

证据有下列七种：

There shall be the following seven categories of evidence:

（一）物证、书证；

(1) material evidence and documentary evidence;

（二）证人证言；

(2) testimony of witnesses;

（三）被害人陈述；

(3) statements of victims;

上一页  [1] [2] [3] [4] [5] [6] [7] [8] [9] [10]  ... 下一页  >>