A. What is the meaning of defense in criminal procedure law? Defense refers to the rebuttal and defense made by criminal suspects, defendants and their defenders in criminal proceedings in order to safeguard their legitimate rights and interests and to prove their innocence, minor crime, reduction or exemption of guilt in response to the accusations made by the prosecution. Defense refers to the rights granted by the Criminal Procedure Law to parties and their defenders to defend themselves against accusations. The mission and purpose of the establishment and exercise of the right of defense is to present materials and opinions that are favorable to the criminal suspect or defendant based on the facts and law, and to demonstrate that the criminal suspect is innocent, the crime is minor, or that he should be given a lighter sentence or a lighter sentence based on the facts and laws. , exempt from punishment. There are mainly three categories of defense in my country's criminal law: 1. Justifiable defense. Refers to the defensive behavior of criminal suspects and defendants. 2. Entrust defense. Refers to the criminal suspect or defendant signing an entrustment contract with a person permitted by law, and having another person perform the defense on his or her behalf. 3. Designate defense. Refers to the fact that under special circumstances stipulated by law, the court appoints a defense lawyer to defend a defendant who has not appointed a defender. Article 32 of the Criminal Procedure Law stipulates: "In addition to exercising their own defense rights, criminal suspects and defendants may also entrust one or two people as defenders."
2. What are the responsibilities of the defender? (1) When defending the legitimate rights and interests of criminal suspects and defendants, defenders should base their actions on facts and the law. "Based on facts" means that the materials and opinions proposing that the criminal suspect or defendant is innocent or that the criminal liability is reduced or exempted must be based on facts and cannot be guessed, speculated, or made out of nothing. "According to law" means using the law as the criterion and basis for defense on the basis of factual evidence. Whether innocent, minor, serious, or guilty, it must be based on legal provisions. "Based on facts and based on law" is the code of conduct for defenders to defend criminal suspects and defendants and safeguard their legitimate rights and interests. However, if one commits fraud to protect criminal suspects or defendants from criminal prosecution or mitigates punishment and violates legal provisions, it cannot be regarded as safeguarding the legitimate rights and interests of criminal suspects or defendants, nor is it a proper performance of duties. (2) In order to protect the legitimate rights and interests of criminal suspects and defendants, defenders should provide materials and opinions that prove the innocence of criminal suspects or defendants or reduce or exempt criminal liability. This is the main job of the defender and the only correct way to protect the legitimate rights and interests of criminal suspects and defendants. "Providing materials and opinions proving the innocence of criminal suspects or defendants or reducing or exempting criminal liability" means that defenders, in accordance with the procedures prescribed by law, learn about the case from criminal suspects or defendants, and conduct investigations with victims or other witnesses, When collecting relevant evidence and materials, attention should be paid to understanding and collecting evidence that can prove that the criminal suspect has not committed a crime or has committed a crime but can at the same time be given a lighter, mitigated or exempted punishment, such as whether the criminal suspect has not committed a crime. Adults, whether they are present, how they behave, whether they play a secondary role, etc., and submit relevant evidence and defense opinions to the judicial authorities. Defense is a basic right enjoyed by the defendant and a criminal suspect in a criminal case. No matter how abominable people emotionally think the criminal suspect's behavior is, under any circumstances, the judicial authorities have no right to deprive the criminal suspect of his or her rights. Right of defense. Even when necessary, judicial organs will appoint defenders for criminal suspects. Defense is not for the purpose of arguing in court, but for the purpose of safeguarding justice.