What is criminal defense?

Legal analysis: Defense refers to litigation activities in which criminal suspects, defendants and their defenders present evidence and reasons that are favorable to the defendant based on facts and law, and explain that the defendant is innocent, the crime is minor, or the punishment should be reduced or exempted. Defense is based on the statutory right of defense and is a basic litigation function in response to the complaint. Without a charge, there is no defense. Only after the defendant is charged can the defendant and his or her attorney present a defense.

Legal basis: Article 33 of the "Criminal Procedure Law of the People's Republic of China". In addition to exercising their right to defense, criminal suspects and defendants may also entrust one or two people as defenders. The following persons may be entrusted as defenders: (1) Lawyers; (2) People recommended by people's organizations or the unit where the criminal suspect or defendant works; (3) Guardians, relatives and friends of the criminal suspect or defendant. Persons who have been sentenced to a criminal penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders. Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians or close relatives of criminal suspects or defendants.