Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
Criminal cases refer to cases in which criminal suspects and defendants are accused of violating social relations protected by criminal law, and the state conducts investigation, trial and criminal sanctions in order to investigate the criminal responsibility of criminal suspects and defendants.
In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation.
Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
Discrimination of the concept of defender
1. Defender refers to a person who is entrusted by a criminal suspect or defendant or appointed by a people's court to help the criminal suspect or defendant exercise their right to defense in order to safeguard their legitimate rights and interests. Article 32 of China's Criminal Procedure Law stipulates that a criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense. That is, a criminal suspect or defendant can entrust two defenders at most. In the case of * * * accomplice, because of the interest relationship between the criminal suspect and the defendant, a defender may not accept the entrustment of two or more co-defendants as his * * * accomplice defenders at the same time. Defenders undertake defense functions together with criminal suspects and defendants in criminal proceedings. Defenders should actively confront the complainant who undertakes the appeal function according to the facts and laws, and put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted, so as to urge the judge to listen to the opinions of both parties and make a fair judgment on the basis of neutrality. Therefore, it is of great significance to establish a defender defense system in criminal proceedings.
2. First of all, the defender's defense system is of great significance for promoting and ensuring judicial justice and procedural democracy. The implementation of the defense system is conducive to the correct handling of cases by judicial organs, preventing the subjective one-sidedness of case handlers, thus avoiding the occurrence of unjust, false and wrong cases.
3. Secondly, the defender defense system is conducive to the public security and judicial organs to safeguard the legitimate rights and interests of criminal suspects and defendants. In criminal proceedings, because criminal suspects and defendants are in the position of being prosecuted, their personal freedom is often restricted, and they can't fully and deeply understand the case, and they can't collect evidence materials that are beneficial to them, so it is difficult to exercise their right to self-defense;
On the other hand, most criminal suspects and defendants lack legal knowledge, do not know what litigation rights they enjoy, how to exercise these rights, and do not know the legal consequences of their actions.
Finally, the defender's defense system is conducive to better completing the educational task of criminal proceedings. In court, the debate between the prosecution and the defense can make the audience fully understand the case, distinguish right from wrong, and enhance citizens' legal concept.
Legal basis:
Criminal procedure law
Article 34 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may entrust 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. Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.