Legal Analysis
Effective defense means that the criminal suspect, the defendant, the entrusted defender or lawyer who receives legal aid, in order to safeguard the legitimate interests of the criminal suspect or defendant, through substantive Defense and procedural defense, a system in which the right to defense is fully exercised in a timely manner and makes the defense truly meaningful. To sum up, effective defense should have the following characteristics: First, timeliness. Defense should be prompt, delayed justice and injustice. The timeliness of effective defense requires that the defendant have the right to be promptly informed of the charges and the right to receive prompt assistance from a lawyer. Second, adequacy. The right to adequate defense is the core content of effective defense. The defender's defense rights mainly include: the right to investigate and collect evidence, the right to review papers, the right to meet and communicate, etc. These rights are the prerequisite rights for defenders to defend themselves in court. If the defender does not have these rights or does not fully enjoy these rights, then the defense lawyer will be in the embarrassing situation of cooking without rice. Only when these rights are fully protected can the right to defense be fully implemented.
Legal Basis
Article 14 of the "Criminal Procedure Law of the People's Republic of China" People's courts, people's procuratorates and public security organs shall protect criminal suspects, defendants and other litigation participants in accordance with the law defense and other litigation rights. Participants in litigation have the right to sue judges, prosecutors and investigators for infringement of citizens' procedural rights and personal insults.