The defendant is the person in respect of whom the criminal case is being considered in court. He has his rights and duties. In addition, the defendant is the main participant in the process, because in this case his fate is decided. He may be found guilty or, conversely, acquitted.
What you need to know
After the investigation is completed, the criminal case is sent with an indictment or an act for approval to the prosecutor's office, and then referred to the court. This authority designates a hearing time. After that, the alleged attacker acquires the status of the defendant. His appearance at the meeting is required.
In accordance with the Code of Criminal Procedure , the defendant is the accused in the case of which a trial has been scheduled. After sentencing, he acquires the status of a convicted or acquitted person. This citizen can appeal the decision of the court on his own or with the help of his lawyer.
Participation
The defendant is the accused, whose fate is in the hands of justice, if the case is assigned for consideration by this authority. He is obliged to participate in the meeting, except as provided by law. Consideration of a criminal case without being present in the process of the defendant is allowed if:
- he requests this, and the atrocity pertains to crimes of small or medium gravity;
- the accused is abroad and refuses to appear at the meeting, but he was not involved in an act in the territory of a foreign state (exceptional situations in cases involving serious and very serious atrocities).
If the latter did not appear at the hearing, then it must be adjourned. In the event that the accused was on his own recognizance not to leave, a drive can be applied to him and the measure of restraint changed.
Rights of the defendant
The defendant may participate in the hearing and defend himself with all methods not prohibited by law. He has the same rights in the process as the accused. These include the following:
- the right to defense, that is, he can invite a lawyer himself or ask for a state one;
- get acquainted with the protocol of the court session, make extracts from it or make copies using technical means;
- provide evidence that could confirm his innocence;
- submit petitions and challenges;
- take part in the debate of the parties;
- Express your "last word";
- appeal the sentence within the established period of time.
In the courtroom
Here the accused is given a special place - the dock. As a rule, during the meeting, the alleged attacker who was brought from the pre-trial detention center is in a special cage. If the person was on his own recognizance not to leave, then during the hearing he is located next to his defense counsel or in free sitting, so that the judge can see him.
In the meeting room it is necessary to observe silence when any of the participants in the trial gives evidence. No need to interrupt the judge or prosecutor. In addition, the defendant at the time of testimony should behave as discreetly and clearly answer the questions asked. He can use the help of a lawyer. Also, the accused may not give evidence at all. This is his legal right granted by the Constitution.
The defendant is the special status of the person whose case is being considered in court. That is why his testimony can be used as evidence necessary to plead guilty or to acquit.
Debate
After the completion of the judicial investigation, each of the participants in the trial has the right to express his opinion regarding the charge of the defendant. This is called the debate of the parties. As a rule, the prosecutor first speaks here, asking to find the person guilty of atrocity, if there is enough evidence for this. In this case, the prosecutor must reasonably uphold his point of view or refuse the charge. Then the floor is given to a lawyer who expresses his defense position and by all means tries to justify his client. In addition, the victim may also take part in the debate if he wishes to express his opinion.
The law also does not limit the rights of the defendant: he can express his position on the charges against him or point out to the court any facts that deserve, in his opinion, close attention. Nevertheless, in practice, the defender of the latter deals with this, so the alleged attacker very rarely takes part in the debate of the parties.
The last word
It is provided to the alleged attacker after the debate of the parties. The last word of the defendant is the speech of the accused, during the pronunciation of which he cannot be asked questions. At this moment, he can express his opinion on the case and even admit his guilt in the deed. In addition, the last word of the defendant is his personal appeal to the court, which cannot be limited in time. At this point, the accused may ask the victim for forgiveness or, conversely, keep silent. It should also be borne in mind that the defendant’s last speech is his right, not his duty. Therefore, the latter may refuse the last word.
Protection
The man who ended up in the dock most needs the help of a competent and qualified lawyer. In this case, the latter can invite a lawyer on his own, concluding an agreement with him, or use the services of a lawyer, which the state will provide him.
As practice shows, only the work of a competent lawyer can help the accused avoid punishment or reduce it, as well as achieve full acquittal. As a rule, only the defender of the defendant who is interested in this can compete for success in the case, that is, the person with whom they entered into an agreement and paid for the services. Although in practice it happens in different ways. Not always does a state lawyer show particular zeal in work: he will receive his remuneration for work regardless of whether the accused is convicted or acquitted. That is why the defendant must worry about his defense in advance, especially if he is innocent and wants to prove it.
Appeal
This issue is always dealt with by a party that does not agree with the court verdict. For appeal, a period of 10 days is allocated. This can be done by the defendant or his lawyer. The victim and his counsel have the same right. The complaint is filed with the court that issued the verdict. After which she is sent to a higher authority. The defendant at the hearing is already called the convicted, despite the fact that the sentence has not yet entered into force. The interests of the latter can be defended by a lawyer; he also has the right to do this on his own. A higher court ruling shall enter into force upon sentencing.
Important
The accused, in whose case a court hearing is scheduled, is the defendant. In a criminal case, he is a party to the defense. His rights are defined by the CPC. There is only one duty - this is the appearance at the hearing. Without the presence of the defendant, the trial of the case is impossible, because it substantially violates his right to defense. Therefore, if he is not at the process, the hearing is postponed. In the event of a subsequent non-attendance of the meeting, the person will be subjected to drive or put on the wanted list, then he will be changed the measure of restraint (does not apply to those who are in custody).
Nevertheless, the law does not preclude the defendant from filing an application for consideration of the case in his absence, but only in cases where a person is accused of atrocity of minor or moderate gravity. However, his right to defense will not be violated.