Noun explanation of criminal litigation defense

A criminal 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. First of all, the defender's defense system is of great significance for promoting and ensuring judicial justice and litigation 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. 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. Therefore, most criminal suspects and defendants cannot correctly use the law to defend themselves in order to safeguard their legitimate rights and interests. Defenders are mainly defense lawyers, who have both legal knowledge and extensive litigation rights, and can fully and concretely understand the case. At the same time, defense lawyers have rich defense experience and skillful litigation skills, which can help criminal suspects and defendants correctly exercise their defense rights, thus protecting their legitimate rights and interests more effectively. 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. Scope of defenders (1) Persons who can act as defenders According to Article 32 of the Criminal Procedure Law, the scope of defenders includes: 1. Lawyer. A lawyer refers to a practitioner who has obtained the qualification of lawyer according to legal procedures and provided legal services to the society after registration. Although qualified as a lawyer but not registered, he may not be entrusted by a lawyer as a defender. In addition, article 13 of the Lawyers Law stipulates that the current staff of state organs may not concurrently serve as practicing lawyers. Lawyers are not allowed to practice law while serving as members of the Standing Committees of People's congresses at all levels. At the same time, Article 36 of the Law stipulates that a lawyer who has served as a judge or prosecutor shall not serve as an agent ad litem or defender for two years after leaving the people's court or people's procuratorate. If a soldier becomes a criminal suspect or defendant, he may hire a lawyer as a defender from the army or the local government. Foreigners and stateless criminal suspects who entrust lawyers to defend can only entrust lawyers in China as defenders. 2. People's organizations or personnel recommended by the unit where the criminal suspect or defendant belongs. In view of the fact that the current team of lawyers in our country can not fully meet the actual needs, in order to effectively safeguard the legitimate rights and interests of criminal suspects and defendants, mass organizations such as trade unions, women's federations, the Communist Youth League Committee, and student unions, as well as the units where criminal suspects and defendants work, can recommend citizens to serve as defenders in criminal cases. 3. Guardians, relatives and friends of criminal suspects and defendants may also accept the entrustment of criminal suspects and defendants to act as their defenders. In fact, the revised Criminal Procedure Law has expanded the range of options for criminal suspects and defendants to entrust defenders, because all relatives and friends except guardians can accept the entrustment of criminal suspects, defendants and their legal representatives as defenders. This is very beneficial for criminal suspects and defendants to entrust defenders in time, solve the problem of difficulty in hiring lawyers in time and effectively, and safeguard their legitimate rights and interests. If a lawyer, a people's organization, a person recommended by the defendant's unit and the defendant's guardian, relatives and friends are entrusted as defenders, the people's court shall verify their identity certificates and power of attorney. (2) Persons who cannot act as defenders shall not entrust the following persons to act as defenders according to the provisions of the second paragraph of Article 32 of the Criminal Procedure Law and Article 33 of the Supreme People's Court's Interpretation: 1. People whose probation and punishment have not been completed; 2. Persons deprived or restricted of personal freedom according to law; 3. People with no or limited capacity; 4. People's courts, people's procuratorates, public security organs, state security organs and current prison staff; 5. People's jurors in our hospital; (6) People who have an interest in the trial result of this case; 7. Foreigners or stateless persons. The people's court may allow the person specified in items 4, 5, 6 and 7 to be a close relative or guardian of the defendant, and the defendant entrusts a defender.