Defender Jason

Legal analysis: Defender refers to the person entrusted by the accused or appointed by the people's court to help the criminal suspect and defendant exercise their right to defense and safeguard their legitimate rights and interests. Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. 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.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 32 The scope of defenders includes:

Lawyer. A lawyer refers to a practitioner who has obtained the qualification of lawyer according to legal procedures and provided legal services to the society after registration. Although qualified as a lawyer but not registered, he may not be entrusted by a lawyer as a defender. In addition to lawyers, there are also people's organizations or people recommended by the units where criminal suspects and defendants work; Guardians, relatives and friends of criminal suspects and defendants.

If a soldier becomes a criminal suspect or defendant, he may hire a lawyer as a defender from the army or the local government.

Foreigners and stateless criminal suspects who entrust lawyers to defend can only entrust lawyers in China as defenders.

Article 35 Defenders have the obligation to present materials and opinions to prove the innocence, lighten or reduce criminal responsibility of criminal suspects and defendants according to facts and laws, and safeguard the legitimate rights and interests of criminal suspects and defendants. Article 3 1 of the Lawyers Law also stipulates that, when a lawyer acts as a criminal defender, he shall provide materials and opinions to prove the innocence, light crime or mitigation or exemption of criminal responsibility of the criminal suspect and defendant according to facts and laws, and safeguard the legitimate rights and interests of the criminal suspect and defendant.