1, justifiable defense, the criminal suspect and defendant refute, defend and excuse the charges;
2. Entrusted defense, the defendant in a private prosecution case has the right to entrust a defender at any time, and the criminal suspect in a public prosecution case has the right to entrust a defender from the date when the case is transferred to the people's procuratorate for review and prosecution;
3. The appointed defense only applies to the trial stage, and the appointed defense can only be a lawyer.
What are the defense procedures for criminal cases?
1. If a lawyer applies to the people's court to notify witnesses, expert witnesses and producers of inspection records to testify in court, he shall make a list of the above-mentioned persons, indicating their identity, address and mailing address. , and explain the facts to be proved, and submit them to the people's court before the trial;
2. The lawyer shall appear in court on time after receiving the notice of hearing. If he is unable to appear in court under any of the following circumstances, he shall contact the court in time and apply for an extension of the court session. Lawyers can only attend one of them on time after receiving more than two notices of hearing. Lawyers find important evidence clues before the trial, need further investigation and evidence collection or apply for new witnesses to testify in court, and cannot appear in court on time due to objective reasons.
3. If a lawyer receives a notice to appear in court within three days before the court session, he has the right to request the court to change the date of the court session;
4. Assist the defendant to apply for withdrawal.
Legal basis: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC).
The way of defense and the scope of defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.