Self-defense means that criminal suspects and defendants refute, defend and defend the charges and defend themselves. Self-defense is an important way for criminal suspects and defendants to exercise their right to defense, which runs through the whole criminal procedure. Whether in the investigation stage, or in the prosecution and trial stage, criminal suspects and defendants have the right to defense. 1. Self-defense and the identity of the suspect and defendant are born and died together. As long as any citizen is recognized as a criminal suspect or defendant according to law, then he also has the right to legitimate defense. Before the identity of the criminal suspect or defendant disappears, this right does not need the authorization of others. It can be said that it runs through the whole criminal procedure. Participants in litigation include criminal suspects and defendants, and the litigation rights enjoyed according to law include the right to defense. One of the important ways to exercise the right of defense is to defend yourself. Therefore, self-defense should be respected by investigators and organs. For investigators and organs, there is only the obligation to respect and protect, and there is no right to restrict or infringe. 2. Entrusted defense means that a criminal suspect or defendant entrusts others to defend the criminal suspect or defendant. According to the law, criminal suspects and defendants can entrust at most two defenders at the same time in addition to exercising their right to defense. The reason why "simultaneity" is particularly emphasized here is: (1) According to the relevant provisions of the Criminal Procedure Law, a criminal suspect and a defendant can entrust different people to act as his defenders at different stages of the proceedings. (2) Even at the same defense stage, the defendant can change his defender by refusing to defend. From this perspective, in the whole litigation process of a case, a criminal suspect and defendant may entrust more than two defenders. At the same time, in the case of accomplices, a defender may not accept the entrustment of more than two (including two) accomplices as defenders at the same time. Therefore, it should be clear that in the same criminal case, a defender can only serve as a defender for a criminal suspect or defendant forever.
Legal objectivity:
Entrusting a defender to defend himself is a right of the defendant in the lawsuit. It is the duty of the defender to accept the entrustment according to law and defend the defendant in the trial. If the defendant thinks that the defender's defense is unfavorable to him or against his will, he has the right to refuse the defender's defense and defend himself. Or the defendant thinks that he is guilty and fully recognizes the accusation of the prosecutor. There is no need for the defender to defend himself. He can also refuse the defender to continue his defense halfway. If the defendant thinks that the defender's defense is unconvincing or disagrees with the defender's defense opinion, he may refuse to defend and entrust another defender to defend himself. This is a right given to the defendant by law in litigation, and the law also allows it. The right of defense is a litigation right of the defendant. Therefore, the defendant's refusal is unconditional. As long as there is a clear expression of meaning, it has legal effect. The defender shall immediately terminate the defense, terminate the entrusted defense contract and withdraw from the court. If the defendant proposes to entrust other defenders, it should also be allowed, but the replacement of defenders should not affect the normal trial. There are two kinds of refusal to defend. One is that the criminal suspect or defendant refuses the defender to continue his defense; Another kind of refusal to defend means that the defender has legal reasons to stop defending the criminal suspect or defendant halfway. However, it should be noted that according to Article 38 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if a person who is blind, deaf, dumb or has limited capacity for conduct, a minor who is under the age of 18 at the time of trial, or a person who may be sentenced to death refuses a defender appointed by the people's court to defend him with justifiable reasons, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall. Because these people are immature or flawed, it is difficult for them to fully protect their legitimate rights and interests by exercising their right of defense. Therefore, if the defendant is a minor, deaf-mute, blind, and refuses to continue to defend him, the people's court shall allow him to defend himself, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him.