First, the scope of entrusted 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.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
Second, the basic content of the right to defense
The right of defense is the most basic and core litigation right enjoyed by criminal suspects and defendants. The right of defense of criminal suspects and defendants generally includes:
1, right of presentation. When interrogating the defendant, give him the opportunity to state and defend himself.
2. Right of cross-examination. The right of criminal defendants to ask questions to witnesses and expert witnesses during the trial.
3. Right to apply for investigation of evidence. A criminal defendant may apply to the court for obtaining evidence and calling witnesses, and an expert witness also has the right to ask for confrontation with other defendants.
4. Right to debate. Criminal defendants have the right to debate on facts and laws, the probative force of evidence and procedural issues.
5. Choose to defend human rights. Criminal suspects and defendants have the right to entrust defenders to provide legal assistance and defend themselves.
6. Right to relief. If a criminal defendant refuses to accept the court's judgment or ruling, he has the right to obtain relief.
7. Avoid the right to apply. In order to prevent judicial personnel with reasons for withdrawal from affecting the fair handling of cases, the defendant is given the right to apply for withdrawal as a relief.
Third, how to go to court?
To complain, we must first understand the following questions:
(a) the person who can bid farewell, that is, whether he is qualified as a plaintiff or whether he has a direct interest in the dispute. A civil action must be brought by the plaintiff. If the parties do not file a lawsuit, the court will ignore it and will not take the initiative to intervene, that is, the people will not sue the officials. The acceptance of civil litigation is based on the plaintiff's will and prosecution, and the plaintiff must have a direct interest in the case if he wants to file a lawsuit.
(2) who to sue. Who is the object of litigation and who is the defendant. There must be a "clear defendant" to prosecute, and a clear defendant means that the defendant does exist. Of course, the defendant mentioned here may or may not be the defendant, but at least one of them must be the defendant, otherwise the plaintiff will bear the legal responsibility for the wrong prosecution.
(3) What is the reason to say goodbye to others? That is to say, it is necessary to find out what the cause of action is, or what the lawsuit is, because the laws applicable to different causes of action are different. For example, if you buy a commodity, some will file a lawsuit on the grounds of the sales contract, and some will file a lawsuit on the grounds of infringing on the rights and interests of consumers.
(4) complaining about what to achieve. What claims does this include? In other words, what problems require the court to solve by filing a complaint, such as asking for the dissolution of the marriage, asking for the performance of the contract and asking for compensation.
(5) Based on what reason. What I want to talk about here is the evidence for bringing a lawsuit. To say that others have infringed, it is necessary to explain what rights they have, what rights they have infringed, what actions they have infringed in what way, what consequences they have caused, and what is the causal relationship between infringement and infringement results.
(6) Tell to find the right door. This is to solve the problem of where to sue. First of all, you have to complain, and then the people's court must be responsible for your complaint. There are many kinds of civil disputes. Litigation is not the only way to solve civil disputes. In addition to litigation, there are people's mediation and arbitration.
It's okay to go to court without a lawyer The main purpose of hiring a lawyer is to increase the chances of winning the case and practice the principle of judicial justice. In litigation, a complaint should be submitted to the people's court in accordance with the law, and the elements related to litigation should be clearly defined, so that their legitimate rights and interests can be properly and necessary safeguarded through legal and reasonable procedures. If it can be settled through mediation, mediation takes precedence and no litigation is needed.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. 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. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.