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THE ROLE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN CHINA

 With the permission of the presiding judge in a court trial,a criminal defender may question the witnesses and expert witnesses,state his view on the evidence offered by tile public prosecutor,and apply to the court for the allowance of new witnesses to appear in court,the collection of new evidence and the rearrangement of evaluation or investigation on material evidence.And,with the permission of the presiding judge,he can also debate with the public prosecutor about the situations and facts of the case.It should be pointed out that,the equal status and rights of the public prose- cutor,the litigants and the defender in proceedings have been confirmed throughout the procedure.The public prosecutor,the litigants and the defender can not only air views and put forth claims“to evidence and facts of the case,”but also“debate with each other.”This can surely bring their initia- tive into play in proceedings,and this is advantageous for the protection of human rights,the investigation and judgment of cases,and is favorable to the enhancement of the openness of judicial activities.
 After the judgment decision of the court,if his client refuses to accept it,a defender may lodge an appeal against the judgment of the first trial with the agreement of the defendant.
 IV.Special legal protection for the right of defense While a criminal suspect or defendant may exercise his right of defense,he may also choose to entrust others as his defender.There are some special kinds of situations in which the People''s Court may or must designate a defense lawyer for the defendant.According to the Criminal Procedure Law,Article 34:“If a public prosecutor appears in court to conduct a public prosecution and the defendant has not entrusted anyone to be his defender due to financial difficulty or other reasons,the People''s Court may designate a defense lawyer for him.And,if the defendant is a blind,deaf or mute,or a minor,or may potentially be sentenced to death,and has not engaged anyone to defend him,the People''s Court shall designate a defense lawyer for him.(Article 34,Section 2,3).


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