As an important part of the judicial system and criminal procedure system, criminal defense is rooted in the concept of respecting human dignity, emphasizing that criminal suspects and defendants are presumed innocent before being convicted by legal procedures and enjoy litigation rights such as defense rights. They can entrust lawyers or other defenders to participate in criminal proceedings, fully exercise their right of defense, confront the procuratorial organs on an equal footing and safeguard their legitimate rights and interests.
The right to defense is a basic right of criminal suspects and defendants, and it is also a basic constitutional right. In fact, the right of defense is not only the right of criminal suspects and defendants, but also the basic right of every citizen and everyone. Because theoretically everyone may be accused of a crime, everyone needs and enjoys the right of defense.
Defense business is the main business of lawyers in handling criminal cases. According to the law, lawyers can accept the employment of defendants and their close relatives in public prosecution or private prosecution cases, provide them with legal advice, represent complaints and accusations, apply for bail pending trial, accept the entrustment of criminal suspects and defendants or the designation of people's courts, and act as defenders.
When acting as a criminal defender, a lawyer shall, according to facts and laws, put forward materials and opinions to prove the innocence of a criminal suspect or defendant, reduce or exempt criminal responsibility, and safeguard the legitimate rights and interests of the criminal suspect or defendant.
When lawyers participate in litigation activities, they can collect and consult materials related to the case, meet and correspond with people whose personal freedom is restricted, appear in court, participate in litigation and enjoy other rights stipulated in the procedural law.
In the court debate stage, the defense opinions should be analyzed and demonstrated from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and put forward opinions and reasons for the conviction and sentencing of the case.
Article 2 of the Criminal Law of People's Republic of China (PRC) The tasks of the Criminal Law of People's Republic of China (PRC) and the Criminal Law of People's Republic of China (PRC) are to fight against all criminal acts and punish them, so as to safeguard national security, the people's democratic dictatorship and the socialist system, protect state-owned property and property collectively owned by working people, protect citizens' private property, protect citizens' personal rights, democratic rights and other rights, maintain social and economic order and ensure the smooth progress of socialist construction.