The right of defense is the right to guide the criminal defendant and his defenders to defend, refute and refute the accused and investigated crimes from the aspects of facts, evidence, law and punishment, so as to safeguard the legitimate rights and interests of the defendant and make the case be handled fairly and legally; Refers to the right given by the criminal procedure law to the parties and their defenders to defend against accusations. Protecting the right of defense means protecting the human rights of criminal suspects and defendants. The significance of the defense system lies in protecting human rights, preventing the abuse of public power, and thus realizing real judicial justice. Because criminal cases involve personal freedom and life, it is necessary for the law to give and guarantee the criminal suspects and defendants complete defense rights.
The task of China's criminal procedure law can be summarized as the unity of punishing crimes and safeguarding socialist human rights, which is the key to realize the task of China's criminal procedure law. According to the requirements of this law, punishing crimes refers to the functional departments of public security, public prosecution and law. Under the premise of strictly following the principles and procedures stipulated in the Criminal Procedure Law, it is necessary to ensure that the facts of a crime are accurately and timely ascertained, the law is correctly applied and criminals are punished. Protecting socialist human rights means ensuring that innocent people are not subject to criminal investigation and that criminal suspects and defendants enjoy full litigation rights.
Defense type:
1, self-defense.
Refers to the criminal suspect and defendant to defend themselves.
2. Entrusted defense.
It means that a criminal suspect or defendant signs an entrustment contract with a person permitted by law and is represented by others.
3. Designated defense.
It means that under special circumstances stipulated by law, the court appoints a defense lawyer to defend the defendant who has not entrusted a defender.
legal ground
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.