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THE ROLE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN CHINA

 Finally,both criminal suspects and defendants can entrust defenders for themselves,and more persons can be entrusted as defenders.According to the amended Criminal Procedure Law,Article 32,not only a criminal defendant but also a criminal suspect“may entrust one or two persons as his defenders”.The following persons may be entrusted as defenders:
 (1)Lawyers;
 (2)Persons recommended by a people’s organization or the unit to which a criminal suspect or a defendant belongs;and
 (3)Guardians or relatives and friends of a criminal suspect or a defendant.
 The reason for the law to emphasize the system of defense is that,this proceeding form is beneficial for both parties to litigation to use their rights of debate,so as to present the facts and reason things out,prove their own claims,and refute the opposition''s arguments.Therefore,the court can utilize the initiative of the litigants,listen to different views and claims,and take an impartial attitude rather than a lopsided or conjectural one.Following this dialectical approach,a just decision can be made based on truth and righteousness.
 Ⅲ.The broadened rights and enhanced status of defenders According to the provisions of the Criminal Procedure Law and the Lawyer Law of China,all the judicial organs and staff members shall keep the principle of“take facts as the basis and law as the criterion”in the activities of criminal proceedings.The responsibility of a defender is that,on the basis of facts and the law,to present materials and opinions proving that the crimi- nal suspect as the defendant is innocent,that his crime is minor,or that he should receive a mitigated punishment or be exempted from criminal responsibility,safeguarding the lawful rights and interests of the criminal suspect or defendant”(Criminal Procedure Law,Article 35).For this purpose,an entrusted defender has the right to find out from the investiga- tory organ the crimes which the criminal suspect is suspected of,to consult,extract and duplicate the judicial documents and the materials of technical evaluations pertaining.to the current case and the material of the criminal facts as stated in the current case,from the People’s Procurate and the People’s Court.And an entrusted defense lawyer has the right to collect information pertaining the current case from the witnesses or other units and individuals concerned when they agree to do so,and he may also apply to the People’s Prosecutor and the People’s Court for the collection and obtainment of evidence,or to request the People’s Court to inform the witnesses to appear in court and give testimony.With the permission of the People’s Prosecutor or the People’s Court,he may collect information pertaining to the current case from the victim and the witnesses provided by victim when they agree to do so.


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