What is the defense component?

Symmetry between defense and accusation. It is a defense activity carried out by the defendant and his defender in criminal proceedings to refute the accusation and put forward favorable reasons for the defendant. This is a basic litigation function. Originated in the second half of Rome. As a principle or system, it was first established by the bourgeoisie in the anti-feudal struggle at the beginning of the revolution. Both the Constitution and the Criminal Procedure Law of our country stipulate that the defendant has the right to defense, and the court has the obligation to ensure that the defendant has the right to defense.

Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. 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.

2022-0 1- 19 answer.

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What is defense?

Legal analysis: the meaning of defense refers to the refutation and defense made by criminal suspects, defendants and their defenders in order to protect their legitimate rights and interests, prove their innocence, reduce their crimes or exempt themselves from guilt in criminal proceedings. Legal basis: Article 34 of the Criminal Procedure Law stipulates that 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 takes compulsory measures; 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.

Deng, lawyer of law firm.

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What is defense?

In criminal proceedings, the defendant and his defenders conduct litigation activities and demonstrate the reasons that are beneficial to the defendant in fact and law. China's criminal procedure law stipulates that the defendant's right to defense can be exercised from the beginning of investigation to the whole process of litigation, and no organ, group or individual can deprive him of it under any excuse. The defendant not only has the right to defend himself, that is, to defend himself, apply for evidence, make a final statement, appeal to the referee or appeal, but also can entrust a defender to defend himself. There are three kinds of defenders: (1) lawyers. (2) A citizen recommended by a people's organization or the unit to which the defendant belongs or recognized by the people's court. (3) Close relatives and guardians of the defendant. The responsibility of the defender is to put forward materials and opinions to prove the defendant's innocence, light crime or reduce or exempt his criminal responsibility according to facts and laws, and safeguard the defendant's legitimate rights and interests.

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