The criminal defence generally includes the following essential contents:
The right to defence
The power of defence is the most basic and core litigation right enjoyed by criminal suspects and defendants. The defence rights of criminal suspects and defendants generally include: (1) Theright to make statements. When the defendant is questioned, he is allowed to present and defend. (2) The right to ask. The criminal defendant has the right to question witnesses and expert witnesses during the trial. (3) The right to apply for investigation evidence. The criminal defendant may apply to the court to retrieve evidence and apply for the court to summon witnesses and appraiser and have the right to request confrontation with other defendants. (4) The right to debate. Criminal defendants have the right to discuss facts and laws, the power of evidence and procedural issues. (5) Election to defend human rights. Criminal suspects and defendants have the right to appoint defenders to provide legal help and protect themselves. (6) Right to relief. The criminal defendant is entitled to remedy if he or she does not accept the judgment or ruling of the court. (7) Avoidance of application. To avoid that the judicial officers who have reasons for avoidance do not evade and affect the fair handling of the case, the defendant is given the right to escape the application for remedy.
The types and methods of defence
Criminal defence is generally divided into self-defence, entrusted defence and designated defence. The so-called self-defence is the defence that the criminal suspect and the defendant defend themselves. This kind of defence runs through the whole process of criminal proceedings. Whether in the investigation stage or the trial stage, the defendant can defend himself. Self-defence is a very active and frequently used defence method. The entrusted defence is when a criminal suspect or defendant signs an assigned contract with a person permitted by law and others defend themselves. You can easily found a trusted defendant browsing criminal lawyer san diego.
Defenders and the scope of defenders
In criminal proceedings, in addition to the criminal suspect and the defendant exercising their right of defence, they can also be applied by others, that is, the defender. A defender as criminal lawyer refers to a participant in a criminal lawsuit who is entrusted by a criminal suspect or defendant or appointed by a court to assist the criminal suspect.
The establishment of the defender system makes up for the shortcomings of criminal suspects and defendants in their ability to defend; it makes up for the lack of protection of judicial rights of criminal suspects and defendants by national judicial personnel; promotes the realization of fairness in litigation, and plays a model role in society To promote legal education.
The responsibility of the Criminal lawyer:
The criminal lawyer shall assume the responsibility to safeguard the legitimate rights and interests of the criminal suspect and the defendant by submitting materials and opinions that prove that the criminal suspect or the defendant is not guilty. Guilty or reduced or relieved of his criminal responsibility according to the facts and laws.
The litigant’s rights and obligations
To ensure that defenders can adequately perform their defence functions and perform their duties, the law grants them a series of litigation rights. It mainly includes the right to independent defence, the right to review, the right to meet and communicate, the right to investigate and obtain evidence, the right to obtain judicial documents, the right to be notified, the right to inquire, the right to debate, the right to sue, the right to refuse, and other rights. While enjoying the right to appeal, the defender shall bear the following litigation obligations.The obligation to abide by his duties and safeguard the legal rights of the parties; the responsibility to keep confidential; the responsibility to practice lawfully; the obligation to comply with the rules of the court; the legal assistance of lawyers and other commitments.