Legal Analysis
Effective defense refers to the legal rights and interests of criminal suspects, defendants and the entrusted defenders or lawyers receiving legal aid. Maintain, through substantive defense and procedural defense, the right to defend is exercised promptly and fully, making the defense truly meaningful. To sum up, effective defense should have the following characteristics: First, timeliness. Defense must be timely. Justice that is delayed is not justice. The timeliness of an effective defense requires that the defendant have the right to be promptly informed of the charges and the right to receive prompt assistance from a lawyer. Second, adequacy. The adequacy of the right of defense is the core content of effective defense. The right of defense mainly includes: the right to investigate and collect evidence, the right to review papers, the right to meet and communicate, etc. These rights are the prerequisite rights for the defender to appear in court to defend. If the defender does not have these rights or does not fully enjoy them, Rights, defense lawyers will fall into the embarrassing situation of sloppy defense and wasting money in court. Only when these rights are fully protected can the right to defense be fully implemented.
Legal Basis
Article 14 of the Chinese People’s Government and the National Criminal Procedure Law: People’s courts, people’s procuratorates and public security organs shall protect criminal suspects, defendants and other litigation Participants have the right to defense and other litigation rights according to law. Litigation participants have the right to file complaints against judges, prosecutors, and investigators who infringe on citizens’ procedural rights or insult citizens’ personality.