1. What is the meaning of defense in the criminal procedure law?
Defense refers to the refutation and defense made by criminal suspects, defendants and their defenders in criminal proceedings to prove their innocence, reduce their crimes, reduce or exempt their responsibilities, and safeguard their legitimate rights and interests.
Defense means that the criminal procedure law gives the parties and their defenders the right to defend their complaints. The establishment and exercise of this right of defense, its task and purpose is to refute accusations, put forward materials and opinions in favor of criminal suspects and defendants according to facts and laws, and demonstrate that criminal suspects are innocent, have a light crime or should be given a lighter, mitigated or exempted punishment. There are three main types of criminal law defense in China:
1, self-defense. Refers to the criminal suspect and defendant to defend themselves.
2. Entrusted defense. It means that a criminal suspect or defendant signs an entrustment contract with a person permitted by law and is represented by others.
3. Designated defense. It means that under special circumstances stipulated by law, the court appoints a defense lawyer to defend the defendant who has not entrusted a defender.
Article 32 of the Criminal Procedure Law stipulates: "A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense."
2. What is the responsibility of the defender?
(1) Defenders shall safeguard the legitimate rights and interests of criminal suspects and defendants according to facts and laws. "Based on facts" refers to the materials and opinions that realistically put forward that the criminal suspect or defendant is innocent, the crime is light or the criminal responsibility is reduced or exempted. It must be based on facts, not speculation, speculation or even fabrication. "According to law" means taking law as the criterion and basis of defense on the basis of factual evidence. Whether it is innocence, guilt, light crime or heavy crime, it must be based on legal provisions. "According to facts and laws" is the code of conduct for defenders to defend criminal suspects and defendants and safeguard their legitimate rights and interests. However, if a criminal suspect or defendant practices fraud and violates the law in order to avoid criminal investigation or mitigate punishment, it cannot be considered as safeguarding the legitimate rights and interests of the criminal suspect or defendant or performing their duties correctly.
(2) In order to safeguard the legitimate rights and interests of criminal suspects and defendants, defenders should provide materials and opinions to prove that criminal suspects and defendants are innocent, have a light crime or have their criminal responsibilities reduced or exempted. This is the main work that defenders should do, and it is also the only correct way for defenders to safeguard the legitimate rights and interests of criminal suspects and defendants. "Put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light or their criminal responsibility is reduced or exempted", that is, the defender understands the case from the criminal suspect or defendant and investigates the victim or other witnesses according to the procedures prescribed by law. When collecting relevant evidence materials, on the basis of respecting objective facts, we should pay attention to understanding and collecting all kinds of evidence that can prove that the suspect has not committed a criminal act, or that although he has committed a criminal act, he has circumstances that can be lightened, mitigated or exempted from punishment, such as whether the suspect is underage, whether he has performed, whether he plays a secondary role in it, etc. And put forward relevant evidence and defense opinions to the judicial organs.
Defense is a basic right enjoyed by the defendant as a criminal suspect in criminal cases. No matter how hateful people think the criminal suspect's behavior is, under any circumstances, the judicial department has no right to deprive the criminal suspect of his right to defense. Even when necessary, the judicial department will appoint defenders for criminal suspects. The defense is not to quarrel in court, but to safeguard judicial justice.