Defense refers to the litigation activities in which criminal suspects, defendants and their defenders put forward evidence and reasons in favor of the defendant according to facts and laws, indicating that the defendant is innocent, the crime is light or the punishment should be mitigated or exempted. The emergence of defense is based on the legal right of defense, which is a basic litigation function for the complaint, as opposed to the complaint. Only when the defendant is accused can there be a defense, and only after the defendant is accused can the defendant and his defender defend.
Legal objectivity:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.