When the first defendant and the second defendant are usually plaintiffs, they are divided according to the plaintiff's own understanding of responsibility. If the plaintiff thinks that he should bear the main responsibility or direct responsibility, he is often listed as the first defendant in the book, while those who bear the secondary or indirect responsibility are listed as the second defendant. When the trial is held, for convenience, the plaintiff's name will also be followed. But this is not a legal concept, nor is it a legal concept. It's just a common practice.
The plaintiff will explain your reasons in the book, and as long as you have an interest and meet the conditions for filing, you will register and file a case.
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender.
The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
What defense rights does the defendant enjoy?
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) Presentation right. When interrogating the defendant, give him the opportunity to state and defend himself.
(2) the right to debate. Criminal defendants have the right to debate on facts and laws, the probative force of evidence and procedural issues.
(3) choose to defend human rights. Criminal suspects and defendants have the right to entrust defenders to provide legal assistance and defend themselves.
(4) the 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.
(5) the right of cross-examination. The right of criminal defendants to ask questions to witnesses and expert witnesses during the trial.
(6) the right to apply for withdrawal. 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.
(7) the right to relief. If a criminal defendant refuses to accept the court's judgment or ruling, he has the right to obtain relief.
Generally speaking, the plaintiff and the defendant are the same, but some cases are more complicated, involving many people, and there may be multiple defendants, who will be ranked as the first defendant and the second defendant by the plaintiff according to the size of responsibility. If the plaintiff wins the case, the defendant will bear corresponding responsibilities according to the court's judgment.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 55 If one or both parties are two or more, and the litigation object is the same, or the litigation object is the same, and the people's court thinks that the trial can be combined with the consent of the parties, it is a joint lawsuit.
* * * If one party to the same lawsuit has the same rights and obligations with respect to the subject matter of the lawsuit, the litigation behavior of one party is recognized by other * * * co-litigants, and becomes effective for other * * * co-litigants; If there are no * * * same rights and obligations on the subject matter of litigation, one of the litigants' actions will not be effective for other litigants with the same * * *.