I. Concept and types of defense
1. Self-defense refers to the self-defense of criminal suspects and defendants, which runs through the whole criminal procedure.
2. Entrusted defense means that a criminal suspect or defendant entrusts a lawyer or other citizen as a defender to defend him in court. A criminal suspect or defendant may entrust a defender by himself, or by his legal representative, family members or the unit to which he belongs.
3. Designated defense means that the people's court appoints a lawyer who undertakes the obligation of legal aid to defend the defendant under legal circumstances. In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the court may appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant is blind, deaf, dumb or a minor, or the defendant may be sentenced to death without entrusting a defender, the court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Second, the scope of defenders.
1, lawyer;
2, people's organizations or criminal suspects and defendants recommended by the unit;
3. Guardians, relatives and friends of criminal suspects and defendants.
4. At the same time, a person who is being punished by criminal punishment or deprived or restricted of personal freedom according to law shall not act as a defender.
Third, the responsibility and litigation status of the defender.
1. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
2. The defender's legal status in criminal proceedings is an independent litigation participant and a special defender of the legitimate rights and interests of criminal suspects and defendants. Defenders are not affiliated with courts or procuratorates, nor are they affiliated with criminal suspects or defendants.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 89
Whether to examine and approve the arrest of a criminal suspect shall be decided by the people's procuratorate. Major cases shall be submitted to the procuratorial committee for discussion and decision.
Article 90
After examining the cases submitted by the public security organs for approval of arrest, the people's procuratorate shall decide whether to approve or disapprove the arrest according to the circumstances. The public security organ shall immediately implement the decision to approve the arrest and notify the people's procuratorate of the implementation in time. If the arrest is not approved, the people's procuratorate shall explain the reasons, and if supplementary investigation is needed, it shall also notify the public security organ.