Legal analysis
Prosecution refers to the party who files a public prosecution. In China, it generally refers to the inspection institute. Prosecution is prosecution, which is a prosecution in criminal proceedings. The defender is the party who defends the defendant, and may be a lawyer or other defender. The procuratorate is a judicial organ or an administrative organ that exercises procuratorial power on behalf of the state. Its main duties are to investigate criminal responsibility, initiate public prosecution and implement legal supervision. This name doesn't seem to need to be used in court. Generally, it is the prosecutor, that is, the prosecutor, the witness, the party (the defendant or the victim, etc.). ), a third party, an agent and a defender. However, in the investigation stage, there is uncertainty about whether to file a lawsuit for crime or non-crime, so the other party is called the prosecution. After entering the proceedings, the procuratorial organ exercises its rights on behalf of the state and charges the criminal suspect, thus becoming a procuratorial organ. The lawyer's primary task is to make suggestions to the court that the defendant is innocent or is given a lighter, mitigated or exempted punishment according to law. He can plead innocence (innocence) or guilt. When pleading guilty, he can agree with the prosecutor's qualitative opinion on the case, but he can't be the second prosecutor who fully agrees with the prosecution's point of view. The power in the hands of prosecutors comes from the authorization of the state, which represents a kind of public power and embodies a kind of national coercive force. Behind it is the support of a powerful state machine. Every word you say to the client, every legal document you publish and every decision you make do not represent your personal opinion, but represent the opinion of the procuratorial organ.
legal ground
Article 35 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them. If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted 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. 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.