The defendant's confession changes significantly or he refuses to defend [court trial stage]

In the process of handling criminal cases, lawyers often encounter disagreements with defendants and their families. Defense lawyers must not only perform defense duties, but also protect the legitimate rights and interests of the defendant to the greatest extent possible. When the opinions of both parties conflict, the defense lawyer shall independently exercise the right of defense from the perspective of protecting the rights of the defendant.

Article 37 of the Criminal Procedure Law of the People's Republic of China stipulates:
The defender's responsibility is to present materials and opinions on the basis of facts and law that criminal suspects and defendants are innocent, have minor crimes, or reduce or exempt their criminal liability , and safeguard the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 31 of the Lawyers Law of the People's Republic of China stipulates:
When a lawyer serves as a defender, he or she shall, based on the facts and law, submit materials and opinions proving that the criminal suspect or defendant is innocent, has a minor crime, or has his or her criminal liability reduced or exempted, and safeguards the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 5 of the "Standards for Lawyers Handling Criminal Cases (2000)" stipulates:
Lawyers serve as defenders or provide legal assistance to criminal suspects, conduct litigation activities independently in accordance with the law, and are not restricted by the will of their clients.

To sum up, during the trial, the defense lawyer should aim to protect the legitimate rights and interests of the defendant, independently exercise the right to defend based on the facts and law, and put forward opinions such as whether the defendant is innocent, the crime is minor, the defendant is mitigated, or he is exempted from criminal responsibility. If during a court trial, there are major changes in the defendant's confession or refusal to defend, the lawyer may apply to the collegial panel for a temporary adjournment to have a brief exchange with the defendant. In principle, lawyers should respect the opinions of the defendant and exercise their right to defense independently on the basis of the principle of benefiting the parties.

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