1. What is the meaning of defense in the Criminal Procedure Law?
Defense refers to the rebuttal and defense made by criminal suspects, defendants and their defenders in criminal proceedings to protect their legitimate rights and interests, to prove their innocence, reduce their crimes, reduce or exempt them from guilt. .
Defense refers to the right granted by the Criminal Procedure Law to parties and their defenders to defend against complaints. The mission and purpose of the establishment and exercise of this defense right is to refute the accusation, put forward materials and opinions that are favorable to the criminal suspect or defendant based on the facts and law, and demonstrate that the criminal suspect is innocent or guilty, or should be given a lighter sentence, mitigated, or Waiver of punishment. China's criminal law defenses mainly fall into the following three categories:
1. Self-defense. Refers to the self-defense of criminal suspects and defendants.
2. Entrust defense. It means that a criminal suspect or defendant signs an entrustment contract with a person permitted by law and is represented by another person.
3. Designate defense. It means that under special circumstances stipulated by law, the court appoints a defense lawyer to defend a defendant who has not appointed a defender.
Article 32 of the "Criminal Procedure Law" stipulates: "In addition to exercising the right to defend, criminal suspects and defendants may also entrust one or two people as defenders."
2. What are the responsibilities of the defender?
(1) The defender shall protect the legitimate rights and interests of criminal suspects and defendants based on facts and law. "Based on facts" refers to materials and opinions that truthfully propose that a criminal suspect or defendant is innocent, has a minor crime, or has his or her criminal liability reduced or exempted. It must be based on facts, not guesswork, speculation or even fabrication. "According to law" means using the law as the criterion and basis for defense on the basis of factual evidence. Whether innocent, guilty, minor or serious, all must be based on legal provisions. "Based on the facts and the law" is the code of conduct for defenders to defend criminal suspects and defendants and safeguard their legitimate rights and interests. However, if a criminal suspect or defendant commits fraud or violates the law in order to avoid criminal prosecution or reduce punishment, it cannot be considered to be protecting the legitimate rights and interests of the criminal suspect or defendant, nor is it a correct performance of duties.
(2) In order to protect the legitimate rights and interests of criminal suspects and defendants, defenders should provide materials and opinions proving that the criminal suspect or defendant is innocent, has a minor crime, or has his or her criminal liability reduced or exempted. This is the main work that defenders should do, and it is also the only correct way for defenders to protect the legitimate rights and interests of criminal suspects and defendants. “Provide materials and opinions that prove that the criminal suspect or defendant is innocent, that the crime is minor, or that the criminal liability is reduced or exempted”, that is, the defender understands the case from the criminal suspect or defendant in accordance with the procedures prescribed by law, and investigates the victim or other witnesses . When collecting relevant evidence and materials, on the basis of respecting objective facts, pay attention to understanding and collecting various evidence that can prove that the criminal suspect has not committed a criminal act, or that although he has committed a criminal act, he has circumstances that can lead to lighter, mitigated or exempted punishment. A variety of evidence, such as whether the criminal suspect is a minor, whether he has performed the crime, whether he played a minor role in it, etc. and submit relevant evidence and defense opinions to the judicial authorities.
Defense is a basic right enjoyed by the defendant as a criminal suspect in criminal cases. No matter how abhorrent people think the suspect's behavior is, under any circumstances, the judicial department has no right to deprive the criminal suspect of his right to defense. Even when necessary, the judicial department will appoint defenders for criminal suspects. Defense is not a quarrel in court, it is just to maintain judicial justice.