The defender has an independent litigation status as follows:
The defender performs certain basic functions in criminal proceedings. In litigation, defenders and defendants, as defense parties, perform defense functions in accordance with the law, intertwined with prosecutorial functions and trial functions, and promote the advancement of criminal proceedings. However, although other litigation participants participate in the litigation for specific purposes, they do not perform Basic functions of criminal proceedings.
The defender enjoys the litigation rights enjoyed by most parties. In order to facilitate defenders to better perform their defense functions, the law gives defenders a wide range of rights. The defender enjoys the following important rights: 1. The right to assert and collect evidence; 2. The right to investigate evidence; 3. The right to participate in the trial; 4. The right to debate; 5. The right to appeal with the consent of the defendant. These rights of defenders are rarely enjoyed by other litigation participants except for the public prosecution organs, judicial organs, criminal suspects, and defendants who are the subjects of criminal proceedings.
Defenders are independent of the will of criminal suspects and defendants and conduct defense activities according to their own will. There is a special entrustment relationship between criminal suspects, defendants and defenders based on entrustment contracts. During litigation, defenders must grasp the facts alleged by criminal suspects and defendants based on their own understanding of the law, and put forward defense reasons as appropriate. Opinions: If the criminal suspect or defendant denies the facts, the defender feels that it is justified and cannot provide defense opinions. Therefore, defenders can only protect the legitimate rights and interests of criminal suspects and defendants based on facts and law, but cannot protect all the interests of criminal suspects and defendants. Under the influence of the defendant's irrational demands, he becomes the "spokesperson" and "conveyor" of the criminal suspect and defendant. If a criminal suspect or defendant requires a defender to defend him against facts and misinterpreted laws, the defender may refuse to accept the commission. After accepting the entrustment, if the defender discovers that the criminal suspect or defendant has not truthfully stated the facts of the case, he should persuade the criminal suspect or defendant to make corrections. If the criminal suspect or defendant insists on not changing, the defender has the right to refuse to continue the defense and terminate the commission.