Criminal defense is a litigation activity in which criminal suspects, defendants, and their defenders defend and defend accusations and indictments, in order to protect the lawful rights and interests of criminal suspects or defendants. In criminal proceedings, the right to a defense is a basic right of criminal suspects and defendants, and it is also an important means for them to protect their legitimate rights and interests.
In criminal defense, there are a few things to pay attention to:
1.Timeliness: The defender shall submit a defense statement to the people's procuratorate within the prescribed time after receiving a copy of the indictment. If the defender fails to submit the defense statement in a timely manner, it will affect the effectiveness of the criminal suspect or defendant's defense.
2.Pertinence: Defenders shall make defenses and justifications for the accusation or indictment, conduct a comprehensive analysis of the facts, evidence, and charges of the accusation, and submit sufficient reasons and evidence to protect the lawful rights and interests of the criminal suspect or defendant.
3.Legitimacy: Defenders shall abide by legal procedures, must not interfere with the normal activities of judicial organs, and must not provide false evidence or collude confessions. If the defender violates legal procedures, it will have a negative impact on the effectiveness of the criminal suspect or defendant's defense.
4.Adequacy: Defenders shall fully understand the circumstances of the case, collect sufficient evidence and materials, and provide sufficient defense and support for the criminal suspect or defendant. If the defender fails to fully understand the circumstances of the case or collect sufficient evidence and materials, it will affect the effectiveness of the criminal suspect or defendant's defense.
In criminal defense, the following basic principles need to be adhered to:
1.Principle of independence: The defender shall exercise the right of defense independently and shall not be interfered with or influenced by any external factors. If the defender is interfered with and influenced by external factors, it will affect the effectiveness of the criminal suspect or defendant's defense.
2.Principle of impartiality: The defender shall conduct a defense fairly and objectively based on the facts and the law. If the defender has subjective assumptions or biases, it will affect the effectiveness of the criminal suspect or defendant's defense.
3.Principle of legality: Defenders shall abide by legal procedures and must not violate legal provisions to conduct defenses. If the defender has violated the law, it will have a negative impact on the defense effectiveness of the criminal suspect or defendant.
4.Principle of sufficiency: Defenders shall fully understand the circumstances of the case, collect sufficient evidence and materials, and provide sufficient defense and support for criminal suspects and defendants. If the defender fails to fully understand the circumstances of the case or collect sufficient evidence and materials, it will affect the effectiveness of the criminal suspect or defendant's defense.
In short, criminal defense is one of the important means to protect the legitimate rights and interests of criminal suspects and defendants. In criminal defense, it is necessary to pay attention to issues such as timeliness, pertinence, legality and sufficiency, and adhere to the basic principles of independence, impartiality, legitimacy and sufficiency. Only in this way can we better safeguard the legitimate rights and interests of criminal suspects and defendants and safeguard judicial fairness and human rights.