First, we need to understand a concept. Defense exists in criminal proceedings, but there is no such term in civil proceedings.
Secondly, in criminal proceedings, criminal suspects have the right to defense from beginning to end, that is, to prove their innocence or light crime. Therefore, it is certainly possible to defend yourself. Third, in criminal proceedings, except for a few cases in which the defendant is blind, deaf-mute or a minor may be sentenced to death, the law allows criminal suspects and defendants not to hire defenders to defend them. In other words, in the above cases, the parties must have defenders to defend them. If not, the court will appoint a lawyer who undertakes the obligation of legal aid to defend them.
1. Can the suspect defend himself?
A criminal suspect can defend himself. According to the provisions of the Criminal Procedure Law, a criminal suspect may entrust others to defend himself during the review and prosecution by the people's procuratorate and the trial by the people's court. There are two ways for criminal suspects to exercise their right of defense in criminal proceedings, one is self-defense and the other is entrusted defense. Self-defense is the reason and basis for the criminal suspect to defend the accused criminal act and put forward that he is innocent, light or should be given a lighter, mitigated or exempted punishment. Entrusted defense is the reason and basis for the criminal suspect to entrust others to defend himself, and the defender puts forward that he is innocent, the crime is light or should be given a lighter, mitigated or exempted punishment. While entrusting others to defend themselves, criminal suspects still enjoy the right to defend themselves.
Two, in accordance with the provisions of the Criminal Procedure Law, the criminal suspect may entrust the following persons as defenders:
1. Lawyer. Lawyers are legal service personnel who are qualified as lawyers according to national laws and are conducting lawyer business. Lawyers can be divided into full-time lawyers and part-time lawyers. Both full-time lawyers and part-time lawyers can be entrusted as defenders. It should be noted here that people with lawyer qualification are different from those who have lawyer qualification and are practicing lawyer business. After passing the national unified examination for lawyer qualification, the judicial administrative department of the State Council can grant him the lawyer qualification. However, those who have obtained the lawyer qualification can only engage in lawyer business after applying and being issued a lawyer practice certificate by the judicial administrative department. Although he has obtained the qualification as a lawyer, he cannot engage in business in the name of a lawyer without obtaining a lawyer's practice certificate. The law also stipulates that the current staff of state organs shall not concurrently serve as practicing lawyers, and lawyers shall not practice while serving as members of the standing committees of people's congresses at all levels. 2. People's organizations or personnel recommended by the unit where the criminal suspect or defendant belongs. The "people's organizations" mentioned here mainly refer to the Communist Youth League, trade union organizations and women's federations. People's organizations or persons recommended by the unit where the criminal suspect or defendant belongs shall not serve as lawyers.
3. Guardians, relatives and friends of criminal suspects and defendants. The "guardian" mentioned here is mainly aimed at the parents of minors. According to the law, parents of minors are legal guardians of minors. If the parents of minors are incapable of guardianship or die, their grandparents or brothers and sisters may act as guardians. What is "relatives and friends" is not clearly defined in the Criminal Procedure Law. According to the general understanding, relatives and friends are relatives and friends. According to the law, criminal suspects and defendants, in addition to lawyers, can choose their guardians and other relatives and friends as their defenders, and can fully exercise their right to defense according to their own circumstances. Obviously, criminal suspects can defend themselves, but in judicial practice, it is generally necessary to hire lawyers as defenders to conduct legal judicial defense, mainly because in the application of the law, many professional legal knowledge can be involved, and I am not very clear about it. Therefore, he needs a more professional lawyer to defend himself in order to get a judicial punishment result that is beneficial to his judgment.
legal ground
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 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.
Article 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.