Legal basis: Article 5 of the Criminal Procedure Law, the people's courts independently exercise judicial power and the people's procuratorates independently exercise procuratorial power according to law, without interference from administrative organs, social organizations and individuals. People's courts and people's procuratorates shall, in the process of independently exercising their functions and powers according to law, accept the leadership of the Communist Party of China (CPC), accept the supervision of people's congresses at all levels and report their work to them.
Article 11 of the Criminal Procedure Law When a people's court hears a case, the defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The defendant's right to defense and public prosecution shall be exercised from the date when the case is transferred for review. A defendant in a case of private prosecution may entrust a defender at any time.
Article 3 of the Criminal Procedure Law is responsible for the investigation, detention, execution of arrest and pre-trial of criminal cases; The people's procuratorate is responsible for procuratorial work and approves arrest, investigation and prosecution of cases directly accepted by procuratorial organs; The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.