People who act as defenders may not be lawyers, but people from other professions. In addition to lawyers, people's organizations or personnel recommended by the unit where the criminal suspect or defendant works; The guardians, relatives and friends of a criminal suspect or defendant may act as defenders.
Defense refers to the legal act of defending the defendant in court and fighting for his legitimate rights and interests. The specific defense steps are as follows:
1. Familiarity with the case: defense lawyers need to fully understand the case in advance, including relevant evidence, legal provisions, court procedures, etc. So that they can put forward strong defense opinions during the trial;
2. Formulate defense strategy: According to the case and the actual situation of the defendant, formulate appropriate defense strategy, including strategic objectives, strategic content, evidence analysis, defense ideas, etc.
3. Evidence analysis: defense lawyers need to conduct a comprehensive and in-depth analysis of the evidence, including the authenticity, legitimacy and importance of the evidence, in order to better defend the defendant in the trial;
4. Put forward defense opinions: during the trial, defense lawyers need to put forward strong defense opinions according to the case and defense strategy, including fact finding, evidence analysis, law application, etc.
5. Skill application: In the trial, defense lawyers need to flexibly use various defense skills, including rhetorical questions, inquiries, rebuttals, etc. In order to better defend the defendant;
6. Stay calm: During the trial, defense lawyers need to stay calm and avoid emotional words and deeds in order to better defend the defendant.
To sum up, defense needs to follow legal procedures and legal provisions, and cannot violate legal principles and moral norms, otherwise it will have a negative impact on the defendant and the lawyer himself.
legal ground
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.