The defendant s defender cannot be a witness in this case, which judicial interpretation stipulates

It should be said that this is the principle of witness priority, and it is definitely correct that the defendant's defender cannot be a witness, and as for the basis of the law, it can only be said that this violates procedural justice.

An explanation of the principle of priority of witnesses is attached.

The principle of "witness priority" includes two meanings: first, witnesses can no longer serve as other litigation functions and responsibilities in the same case, that is, witnesses can no longer serve as investigators, prosecutors and adjudicators, nor can they serve as defenders, litigators, appraisers and translators, because people with different identities assume different functions or responsibilities in litigation, "one body and two positions", it is very easy to lead to a conflict of duties, from a practical point of view, if you serve as both a witness and a judicial officer responsible for handling the caseIt may also form a situation of "self-pursuit and self-proof", which has a preconceived view of the case, which is often prone to subjective assumptions in the understanding of the facts of the case, which affects judicial fairness. Another implication of this principle is that since a person who knows the facts of the case cannot participate in the litigation in several capacities, he should only participate in the litigation as a witness in the selection of litigation roles, and cannot participate in the litigation in other capacities.

That is, they can only serve as witnesses, and cannot serve as judicial personnel or defenders, litigants, evaluators and translators, which is determined by the facts of the case itself and the characteristics of the witnesses themselves.

The judicial interpretation does not stipulate that witnesses and defenders cannot serve at the same time, but stipulates who can be witnesses, and cannot serve at the same time refers to whether there is a conflict between the two in a specific case, so there is a choice between the two.

This issue is a matter of legal theory, and there is no controversy, and there is no clear legal provision or judicial interpretation.

Witnesses are strictly identities, and as witnesses, they can no longer appear as other roles in litigation, even judges. This does not require a legal provision, which is a matter of course. The defender is aware of the circumstances of the case as a whole, and his duty is to present his own defense opinions in accordance with the law, not to prove the facts of the case.

Besides, he had already met with the defendant, read the case file and knew all the facts of the case, and let him testify in a timely manner, so what was the point of his testimony?

1. What are the legal grounds on which a witness cannot be a defender?

1. There is no legal basis for the deferral of witnesses and defenders in the prohibitive provisions on the qualifications of witnesses and defenders, but in specific judicial practice, it is generally believed that witnesses may not concurrently serve as defenders in the same litigation procedure.

2. Legal basis: Article 192 of the Criminal Procedure Law of the People's Republic of China.

Appearing in court to testify] Where the public prosecutor, parties, defenders, or litigants have objections to the testimony of witnesses, and the testimony of the witnesses has a major impact on the conviction and sentencing of the number of cases, and the people's court finds that it is necessary for the witnesses to appear in court to testify, which person should appear in court to testify.

The provisions of the preceding paragraph apply to people's police appearing in court as witnesses to testify about crimes they witnessed in the performance of their duties.

Where the public prosecutor, parties, defenders, or litigants have objections to the evaluation opinion, and the people's court finds that it is necessary for the evaluator to appear in court, the evaluator shall appear in court to testify. Where, upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis of the verdict.

2. What are the requirements for witnesses?

Witnesses should meet the following conditions:

1. Know part or all of the circumstances of the case;

2. Be able to express the will correctly;

3. Be able to correctly understand the legal consequences of testifying;

4. Third parties other than litigants.

1.Defendants with physical defects such as blindness, deafness, and mute do not need to be blind, deaf, or mute at the same time, as long as they have one of them, and if they do not retain a defender, the people's court shall designate a lawyer who bears the obligation of legal aid to provide them with a defense. 2.

The juvenile is the defendant. That is, if the age is under 18 years old according to the Gregorian calendar, and if a defender has not been retained, the people's court shall designate a lawyer who bears the obligation of legal aid to provide a defense. 3.

The people's court finds that the defendant may be sentenced to life imprisonment or death on the basis of the circumstances and main evidence provided by the people's procuratorate in the prosecution, and if the defendant has not retained a defender, the people's court shall designate a lawyer who bears the obligation of legal aid to provide him with a delicate defense. 4.Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

Article 35 of the Criminal Procedure Law, where a criminal suspect or defendant has not retained a defender due to financial difficulties or other reasons, he or her close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense. Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not publicly retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

Legal analysis: The Criminal Procedure Law and relevant judicial interpretations do not have a legal basis for witnesses and defenders to concurrently serve as witnesses and defenders in the prohibitive provisions on witness qualifications and defender qualifications, but in specific judicial practice, it is generally believed that witnesses may not concurrently serve as defenders in the same litigation procedure.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 187: Where the public prosecutor, parties, defenders, or litigants have objections to a witness's testimony, and the witness's testimony has a major impact on the case's conviction and sentencing, and the people's court finds that it is necessary for the witness to appear in court to testify, the witness shall appear in court to testify.

In the following circumstances, the people's court shall appoint a defender for the defendant:

1.Minor.

2.and may be sentenced to life imprisonment or death.

3.Blind, deaf, dumb.

4.Mentally ill patients who have not completely lost control and recognition.

5.Those who have financial difficulties and meet the requirements for legal aid, and submit an application to a legal aid institution.

The first four are compulsory, and the fifth is an application for defense.

The specific circumstances in which a defender is appointed for the defendant are:

1) Meet the financial hardship standards stipulated by the local government;

2) The person has no financial **, and his family economic situation cannot be ascertained;

3) The person really has no financial **, and his family is still unwilling to bear the defense lawyer's fees for him after repeated persuasion;

4) In joint criminal cases, the other defendants have already retained a defender;

5) Those who have the nationality of foreign filial piety;

6) The case has a major social impact;

7) The people's court finds that the prosecution opinion and transferred case evidence materials might impact the correct conviction and sentencing.

Legal basis] Article 35 of the Criminal Procedure Law, where a criminal suspect or defendant has not retained a defender due to financial hardship or other reasons, he or her close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.

Where a criminal suspect or defendant is blind, ethnically deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own behavior, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

Answer]: b, c, d

This question examines procedural methods.

Item (b) and (c) are correct, and Article 42 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" stipulates: "The people's court shall notify the legal aid institution to appoint a lawyer to provide a defense for the following defendants who have not retained a defender: (1) blind, deaf, or mute;

2) Mentally ill persons who have not completely lost the ability to recognize or control their own behavior; (3) Persons who might be sentenced to life imprisonment or death. Where a high people's court reviews a death penalty case and the defendant has not retained a defender, it shall notify the legal aid institution to appoint a lawyer to provide him with a defense. ”

Item D is correct, according to article 472 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China": "Where a juvenile defendant who is under the age of 18 at the time of trial has not retained a defender, the people's court shall notify the legal aid institution to appoint a lawyer to provide him with a defense. ”

Item A is erroneous, and item A does not belong to the circumstances where legal aid shall be provided as provided for in Article 42 of the "Interpretation of the Supreme People's Court on the Application of the Criminal and Zheng Zao Procedure Law of the People's Republic of China."