Defender refers to a person who exercises the right of defense in order to safeguard the legitimate rights and interests of criminal suspects and defendants, and accepts the designation of the people's court or the entrustment of criminal suspects and defendants. In criminal proceedings, the defense function is shared by the defender, the suspect and the defendant. Defenders should actively confront the complainant who undertakes the appeal function according to the facts and laws, and put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to urge the judge to listen to the opinions of both parties and make a fair judgment on the basis of neutrality. In China, defenders include lawyers; Guardians, relatives and friends of criminal suspects and defendants; People's organizations or personnel recommended by the unit to which the criminal suspect or defendant belongs. In the process of defense, defenders should defend according to their own will, which is not influenced by the opinions of prosecutors, nor by the will of criminal suspects and defendants; You can neither be a "second prosecutor" nor a spokesperson for criminal suspects and defendants. Defenders have the status of independent participants in litigation, perform their duties independently and safeguard the legitimate rights and interests of criminal suspects and defendants. The litigation status of defenders should be equal to that of prosecutors who appear in court for public prosecution, and they should all obey the command of court judges. When performing litigation functions according to law, no organ, group or individual may illegally interfere.
Legal objectivity:
According to Article 32 of the Criminal Procedure Law of People's Republic of China (PRC), a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. Article 35. The responsibility of the defender is to put forward materials and opinions to prove the innocence or lightness of the crime of the criminal suspect or defendant, or to reduce or exempt their criminal responsibility, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.