First, do criminal proceedings have to be defended by defenders?
If a minor is involved and may be sentenced to life imprisonment or death, the disabled shall have a defender to participate, and there is no compulsory requirement for other cases.
The law provides that:
Article 34 of the Criminal Procedure Law If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted 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 defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting 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 defend him.
Second, the rights of defenders in criminal defense.
Criminal Procedure Law of the People's Republic of China
Article 36: "A defense lawyer may provide legal aid to a criminal suspect in the process of investigation, act as an agent for complaints and accusations, and may ask the investigation organ about the charges charged by the criminal suspect and the relevant circumstances of the case."
Article 37 A defense lawyer may meet and correspond with a criminal suspect or defendant in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
When a defense lawyer meets a criminal suspect or defendant in custody, he can learn about the relevant case and provide legal advice. From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
In cases of crimes endangering national security, terrorist activities and major bribery crimes, defense lawyers should obtain the permission of the investigation organ when meeting with criminal suspects during the investigation. For the above cases, the investigation organ shall notify the detention center in advance.
The provisions of paragraphs 1, 3 and 4 of this article shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants living under surveillance.
Article 38 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the criminal facts alleged in this case. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. "
Article 39: "Defenders may apply to the people's procuratorate or the people's court for obtaining relevant evidence if they believe that the evidence materials collected by the public security organs and the people's procuratorate to prove the innocence or light guilt of the criminal suspect or defendant have not been submitted in the process of investigation, examination and prosecution."
3. What behaviors should defenders not have in criminal proceedings?
1, to help criminal suspects and defendants hide evidence. This refers to helping criminal suspects and defendants hide evidence that the judicial organs have not yet mastered.
2. Help criminal suspects and defendants to destroy evidence. "Destruction" means burning, smearing, crushing, shredding, discarding or otherwise making evidence disappear or can no longer be used as evidence.
3. Help criminal suspects and defendants forge evidence. It refers to helping criminal suspects and defendants to make false material evidence and documentary evidence, such as fabricating false documents and certificates, altering accounts, and even forging material evidence and documentary evidence of others committing crimes.
4. Help criminal suspects and defendants collude with each other. It refers to helping criminal suspects and defendants to establish an "offensive and defensive alliance" with co-defendants or witnesses, and colluding with case-handling organs to conduct investigations.
5. Threatening or inducing witnesses to commit perjury. It refers to the act of coercing witnesses to provide false testimony by violence or other means, interest inducement and other means. , including making people who know the case give false testimony, and making people who don't know the case give false testimony.
6. Other acts that interfere with the litigation activities of judicial organs. It refers to other acts that affect the normal litigation activities and fair handling of cases by judicial organs. For example, use power to put pressure on case handlers and threaten private prosecutors to withdraw private prosecutions.
The above knowledge is my answer to the question "Do you need a defender to defend in criminal proceedings?" Minors, people who may be sentenced to life imprisonment or death penalty, and disabled people should have a defender to participate, and other cases are not compulsory.