Does refusing to defend mean that the suspect has lost his right to defense?
Not exactly. The purpose of defense is to put forward the facts and reasons that are beneficial to the criminal suspect in entity and procedure, so as to identify the fact that the criminal suspect is innocent, the crime is light or the punishment should be mitigated or exempted, infringe on the procedural rights of the criminal suspect and safeguard the litigation rights of the criminal suspect and the defendant. China's Criminal Procedure Law stipulates that defense can be justifiable defense, entrusted defense and appointed defense. If a criminal suspect or defendant may be sentenced to life imprisonment or death penalty and fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to provide defense.
Will the defense cause the suspect to escape punishment?
Not exactly. If the criminal act accused through due process of law is true, the suspect will eventually be punished by law. Everyone who makes, sells and uploads the child pornography industry chain should be severely punished, but the way of severe punishment needs to be reasonable and legal, otherwise it will easily evolve into violence with violence without supervision. No one doubts and supervises the allegations, and the truth of the case may be covered up. Like many cases, one person is guilty and others are at large. This is not the ultimate justice.
According to the relevant laws and regulations, if the defendant insists on exercising the right of defense and refuses the defender appointed by the people's court to defend him, the people's court shall allow it and record it; If the defendant is blind, deaf, mute or with limited capacity, a minor under the age of 65 at the time of trial, and a person who may be sentenced to death, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him.
Legal basis:
According to the provisions of Article 48 of the Criminal Procedure Law, defense lawyers have the right to keep confidential the relevant information and information of their clients they know in their practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
Article 37 The duty of a defender is to present materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.