Criminal defense means that anyone who is investigated for criminal responsibility by judicial organs has the right to defend and plead the accused crime of innocence, light crime, mitigated punishment or exemption from punishment. This system originated in ancient Rome. This system is an important part of the judicial system, emphasizing that criminal suspects and defendants are presumed innocent before being convicted by legal procedures, and enjoy litigation rights such as defense rights.
Defenders and the scope of defenders:
In criminal proceedings, the right of defense can be exercised by others, that is, defenders, in addition to the criminal suspects and defendants themselves. Defender refers to a litigant participant who is entrusted by a criminal suspect or defendant or appointed by the court to help the criminal suspect or defendant exercise their right of defense and safeguard their legitimate rights and interests according to law.
Types and ways of defense:
Criminal defense is generally divided into justifiable defense, entrusted defense and designated defense. The so-called self-defense is the self-defense of the criminal suspect and the defendant. This kind of defense runs through the whole process of criminal proceedings. No matter in the investigation stage or the trial stage, the defendant can defend himself. Self-defense is a very effective and frequently used defense method. Entrusted defense means that a criminal suspect or defendant signs an entrusted contract with a person permitted by law, and others defend themselves.
Other people here can be lawyers or other citizens. Compared with self-defense, entrusted defense is more conducive to the full exercise of the right of defense by criminal suspects and defendants, thus becoming the most important defense method in modern criminal proceedings. Designated defense means that under certain circumstances stipulated by law, the court appoints a defense lawyer to defend the defendant who has not entrusted a defender.