Defense in Criminal Procedure type

According to different standards, the defense can make the following classification.

First, according to the defense of the main differences can be classified as self-defense and defense of others on behalf of the defense
(A self-defense is suspect, the accused himself to defend himself. In this way has always been through the Criminal proceedings, or from the first to take compulsory measures to be questioned until the trial stage since the last statement of the accused, the suspect Defendants have the right to self defense can prove exculpatory, and reduce their own, eliminating the reasons for their claims and Criminal liability.

Self-defense is suspect, the accused an important way to the right of defense, Criminal suspects and defendants on whether to implement the crime and how to implement the most clearly the consequences of crime, to protect themselves from illegal or punishment when it is held crime, they will strive to provide the facts to their advantage and evidence to prove his innocence, Zuiqing and should be or can be mitigated punishment. the legal protection of the suspect, the defendant's self-defense.

(B whose behalf the defense, is in Criminal proceedings, in addition to self-defense of Criminal suspects and defendants, the defense right can be exercised by the person for whom the situation.

Second, set in different ways according to counsel, the defense can be divided into the defense and appointed defense commission
(A commissioned defense in criminal cases is the prosecution and trial stages of criminal suspects and defendants who commissioned as a defender allowed by Law, for himself not guilty, Zuiqing, reduce or waive the views of criminal penalties, to refute allegations on behalf of to protect criminal suspects and defendants Lawful rights and interests.

1, appoint a defender of the time involved in criminal proceedings. �� case of public prosecution, the case is transferred to the People's Procuratorate from the date of examination and prosecution of criminal suspects the right to appoint a defender. People's Procuratorate own investigation of a case, shall the criminal investigation depArtment of the People's Procuratorate Prosecution case is transferred to the date of the review of criminal suspects the right to appoint counsel. People's Procuratorate of receiving the prosecution of a case transferred for examination before the date within 3 days, inform the criminal suspect is entitled to appoint a defender. �� private prosecution, Defendant reserves the right to appoint a defender. In other words, private prosecution if the defendant was charged and know that they accept the people's court, which may appoint a defender. the people's court accepting the case of private prosecution within 3 days or less, it shall inform the defendant the right to appoint a defender. People's Procuratorate, the people's court shall fulfill this obligation if not, and is in violation of procedure.

People's Court decided to open a court session, the indictment should be a copy of the People's Procuratorate at the hearing no later than 10 days to reach the defendant. The defendant has not appointed a defender, informed that he may appoint a defender.

2, the suspect, the defendant may himself appoint a defender, you can also by their legal representatives, family members or appoint a defender for the unit.

(B Assignment of Defence, is the special case of case Law, the people's court has not appointed counsel for criminal suspects and defendants appointed defense Lawyer to defend, to protect their legitimate rights and interests. Specified in our defense of criminal proceedings applies only to the trial stage of criminal cases, the people's court appointed counsel, legal aid can only assume the obligations according to Law. so called criminal legal aid assignment of defense, for the following situations:
1, any given argument, that the people's court to decide whether to appoint a defense lawyer to the defendant. According to <<Criminal>> the provisions of Article 34, this case mainly refers to the prosecution's case appear in court the prosecutor, the defendant because of the economic or other reasons not appointed a defender, the court may specify the obligations of the lawyers take legal aid to provide defense. <<Criminal procedure explained>> 37 which was further refined, according to which the provisions of the accused not appointed counsel and one of the following circumstances, the court may appoint one for him: �� in accordance with local regulations the standard economic difficulties, �� I do no source of income, their family economic conditions can not be identified, �� I do not source of income, his family persuaded by many defense lawyers are reluctant to assume for the cost, �� common crimes, the other defendants had been appointed a defender, �� with foreign nationality, �� cases have a significant social impact, �� people The court held that the views and transfer of prosecution evidence in cases that may affect the right of the conviction and sentencing. Where have these circumstances, the court may designate a defender for the accused, whether designated by the People's Court in each case and the accused under the specific circumstances of decision. Links to Research Papers Download http://www.hi138.com 2, enforce the defense, the People's Court must bear the legal assistance assigned to him or obligation to provide defense attorneys (which is mandatory under the law does not allow modifications. main cases are: �� the defendant is blind, deaf, dumb people, whether they are adults or minors, those who are not appointed a defender, the people's court should designate a defender for him. �� defendant trial when minors under 18 years of age, if not appointed a defender, the people's court shall designate a defender for him. If the defendant in the crime under 18 years of age, but the time trial over 18 years of age, he did not appointed a defender, according to <<Criminal procedure explained>> 36 (two provisions should not be the people's court defender assigned to him.

3, the defendant may be sentenced to death and not appointed a defender, the people's court shall designate the obligation to bear the legal aid lawyers for the defense.

Third, according to the different stage of the proceedings, the defense can be divided into the investigation stage of the defense, the prosecution phase of the defense, the defense in the first instance, the defense in the second instance, the defense in the retrial procedure
(A defense of the investigation stage, is at the investigation stage, the suspects have the right to make their own or entrust others to prove his innocence, Zuiqing or to reduce, the case of exemption from criminal responsibility. Our Code of Criminal Procedure which provides that a lawyer can involved in the investigation stage of criminal proceedings, but did not clarify their position is defender. According to <<Criminal>> the provisions of Article 96 of the suspect by an investigation organ after the first interrogation or from the date of compulsory measures can hire a lawyer to provide legal advice and to file petitions and complaints. criminal suspects were arrested, the appointed attorney may apply for bail. according to 2008 revised <<Counsel Law "> the provisions of Article 33, lawyer can be as long as the procedure is complete, without approval.

(B prosecution phase of defense, is the stage of the prosecution in the public prosecution of criminal suspects to defend themselves or entrust others. According to <<Criminal>> the provisions of Article 33, the prosecution of cases reviewed from the date the case is transferred criminal suspects the right to delegate. People's Procuratorate moved off the prosecution received the case materials within 3 days from the date it shall inform the criminal suspect is entitled to appoint a defender. the people's court accepting the case of private prosecution within 3 days from the date should be inform the defendant the right to appoint a defender.

(C defense in the first instance, refers to the procedure of first instance in criminal proceedings, the accused themselves or entrust others and to assign counsel to defend the judiciary.

(Four second trial the defense program, is the defendant and his defenders in the second trial the defense program activities. To help the accused filed an appeal, is the important duty of counsel. Whether the second trial is hearing or not hearing, counsel should the characteristics of the case, the exercise of procedural rights defenders, to perform the duties of counsel.

(E retrial defense program, is in the retrial proceedings the accused and defense counsel activities. Retrial of a defendant still bears favorable to the defendant's responsibility for defense materials and advice. Links to Research Papers Download Center http://www.hi138.com