Legal analysis
The victim in a criminal case and the close relatives of both defendants will hear the words prosecutor and defender, and some people are not very clear about the difference between them. So what is the difference between a prosecutor and a defender? There are prosecutors and defenders in criminal cases. The interpretation of criminal cases not only caused personal injury, but also destroyed the public order of society, so the state should come forward to solve it. The public prosecutor is the representative of the country and is responsible for accusing the criminal suspect of criminal acts. The general procuratorate is equivalent to the plaintiff. The defender is the agent of the criminal suspect, who is responsible for proving the innocence or guilt of the criminal suspect, usually the lawyer of the defendant. Argumentation is an instinctive response to "complaining", and from its natural attribute, it is an instinctive resistance when people are violated by the outside world. Without defense, there is no criminal justice. "This can be an image metaphor. If criminal justice is a building, it is supported by three pillars: accusation, defense and trial. If any of the three pillars is missing or weakened, the building of judicial justice will be overthrown or seriously damaged. " It can be said that without a perfect defense system, it is impossible to establish a criminal procedure system in the modern sense. At present, many scholars have conducted in-depth research on the defense system, but there are problems in the generalization of the concept of defense.
legal ground
Article 197 of the Criminal Procedure Law of People's Republic of China (PRC) During the court hearing, the parties, defenders and agents ad litem have the right to apply for notifying new witnesses to appear in court, for obtaining new material evidence, and for re-appraisal or inquest. Public prosecutors, parties, defenders and agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and express their opinions on expert opinions. The court shall make a decision on whether to approve the above application. The relevant provisions on appraisers shall apply to persons with specialized knowledge appearing in court as stipulated in the second paragraph.