Defenders have an important litigation position in criminal proceedings. They are independent litigants in criminal cases and enjoy equal legal status with procuratorial organs and courts. Their main duties are to defend the defendant, protect the defendant's legitimate rights and interests, put forward opinions and evidence, and question the accuser's allegations.
I. Definition and role of defenders
Defender refers to a lawyer who is entrusted by the defendant or appointed by a legal aid agency to defend on behalf of the defendant in criminal proceedings. Their task is to present defense opinions and evidence, question the prosecution's allegations and protect the legitimate rights and interests of the defendant.
Second, the rights and responsibilities of defenders.
Defenders enjoy a series of rights in criminal proceedings, including but not limited to: consulting the case file, meeting the defendant, presenting defense opinions and evidence, participating in the trial and defending. At the same time, they also have the responsibility to protect the legitimate rights and interests of the defendant and try their best to win the best legal result for the defendant.
Third, the relationship between defenders and procuratorial organs and courts.
Defenders have equal legal status with procuratorial organs and courts in criminal proceedings. They are independent litigants and enjoy the same rights and obligations as procuratorial organs and courts. Their existence and participation is an important part of safeguarding judicial justice and the rights and interests of defendants.
To sum up:
Defenders have an independent litigation status in criminal proceedings, and their participation is the key to protect judicial justice and the rights and interests of defendants. Their duty is to defend the defendant, protect the defendant's legitimate rights and interests, put forward opinions and evidence, and question the prosecution's allegations. The existence and participation of defenders is of great significance for safeguarding judicial justice and safeguarding human rights.
Legal basis:
Article 30 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the defendant has the right to entrust a defender. After accepting the entrustment, the defender shall defend the defendant according to law.
Article 30 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that defenders have an independent litigation status in criminal proceedings. They have the right to consult the case file, meet the defendant, present defense opinions and evidence, participate in the trial and defend.