Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates the defendant's right to defense. According to this article, the defendant has the right to defend himself or entrust a defender to represent him, and the court shall guarantee the defendant's right to defense. Specifically, the defendant's right to defense includes the following aspects. First of all, the defendant has the right to defend himself. Secondly, the defendant can also entrust a lawyer, relatives or other agents to defend. Whether the defendant defends himself or entrusts an agent to defend, the court shall accept and protect the defendant's right to defense. In addition, the court should also introduce the proceedings and the rights and obligations of the defendant to the defendant and his agent, provide necessary assistance and help to the defendant, and ensure that the defendant can effectively exercise his right to defense. The defendant's right to defense is of great significance in criminal proceedings. Through defense, the defendant can present his own views and evidence, explain his behavior and fight for his own rights and interests. For the facts that he can't explain, the defendant can also plead guilty and show a positive attitude of repentance, so as to obtain the possibility of mitigating punishment or obtaining preferential treatment such as probation. At the same time, defense can also promote judicial justice, limit the abuse of power by criminal procuratorial organs and courts, and protect human rights.
What other aspects of the defendant's right to defense are guaranteed? In addition to the defendant's right to defense stipulated in Article 82 of the Criminal Procedure Law, there are other relevant provisions to further protect the defendant's right to defense. For example, Article 33 of the Criminal Procedure Law stipulates that the victim can make statements and give evidence, which is also one of the manifestations of safeguarding the defendant's right to defense. In addition, Article 9 1 of the Criminal Procedure Law also stipulates that the guilty verdict of the first instance should be debated, allowing the defendant or his defender to debate the dispute between the prosecution and the defense. In addition to the provisions in the Criminal Procedure Law, the Supreme People's Court's judicial interpretation on the application of the Criminal Procedure Law of People's Republic of China (PRC) further clarified the specific content of the defendant's right to defense. For example, the judicial interpretation in the Supreme People's Court stipulates that the defendant may raise objections to the authenticity, legality and probative force of the evidence, and ask for the original evidence or a copy of the supporting materials.
Defendant's right to defense is an important content in criminal proceedings and one of the basic systems to guarantee a fair trial and human rights. In practice, it is necessary to effectively protect the defendant's right to defense, let the defendant fully exercise his right to defense, and create a good legal environment for a fair trial.
Legal basis:
Article 82 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A flagrante delicto or a major suspect under any of the following circumstances may be detained by the public security organ in advance:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(three) there is evidence of a crime in one party or place of residence;
(four) attempted suicide, escape or escape after the first crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name, address, unknown limbs;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.