Defendant

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defendant

a person against whom an action or claim is brought in a court of law

Defendant

 

(respondent), one of the parties in a civil case being heard in court or one of the parties in an economic dispute being resolved by an arbitration tribunal. The defendant is brought into the case in connection with the plaintiffs claim that his rights have been violated.

In Soviet law defendants may be either citizens or enterprises, organizations, and institutions exercising the rights of a legal person (only legal persons may be defendants in an arbitration tribunal). The status of the defendant in court and his procedural rights and duties are stipulated in the Basic Principles of Civil Procedure of the USSR and the Union Republics and in the codes of civil procedure of the Union republics. The defendant’s rights and duties in an arbitration tribunal are given in the Rules for the Hearing of Economic Disputes by State Arbitration Tribunals.


Defendant

 

a person accused of committing a crime, from the moment of arraignment until the sentence takes legal effect or acquittal is announced. In Soviet criminal procedure, the arraignment is conducted either by an administrative session of the court or by a judge in cases that reach the court through an indictment endorsed by the procurator after an investigation (either an inquiry or a preliminary investigation). In cases of private accusations, where the materials are submitted directly to the court, the person becomes a defendant from the moment that the people’s judge rules to initiate a criminal case; the ruling is simultaneously an arraignment.

As a participant in the court hearing the defendant (prisoner at the bar) has various rights to protect his legal interests, such as the right to defense (independently or with a lawyer’s aid), the right to challenge the composition of the court, the prosecutor, or an expert, and the right to petition the court to call new witnesses, to demand and bring in new evidence, and to ask questions of participants in the court hearing.

After a guilty verdict is delivered and goes into effect, the defendant becomes a convicted person.

References in periodicals archive ?
Figure 1 reports, for different numbers of attack ads, the associated decrease in the justices' probability of voting for the criminal defendant if attack ads increased by 100%, holding all other variables at their mean value.
Unfavorable outcomes, from the perspective of a criminal defendant, include cases in which the judgment is either affirmed in whole or the appeal is dismissed.
State, (54) which he argued authorized a criminal defendant to be the ultimate decision maker in a criminal case.
The National Association of Criminal Defense Counsel has published a proposed opinion, 03-02, which indicates that a criminal defense lawyer may not participate in a plea agreement that waives the client's right to collaterally attack the plea with a claim of ineffective assistance of counsel, because of the personal conflict of interest it presents for criminal defense counsel, and because the waiver limits the lawyer's malpractice liability, because the criminal defendant in most jurisdictions must make a successful ineffective assistance of counsel claim in order to bring a malpractice claim against the lawyer.
Even if they cannot control the vehicle as well as an expert, a criminal defendant should be able to use the map.
Bearden ordered Kidd treated until she becomes well enough to stand trial or until she has been in custody for three years - the legal limit in Oregon for confining criminal defendants solely on the basis of incompetence to stand trial.
160) A criminal defendant has a right to be tried by a jury composed of people who are capable of understanding the issues that matter to the decisions the jury must make.
Moreover, a criminal defendant is typically at the mercy of the prosecution's own policies as to whether to produce certain ESI evidence, as well as the manner and form of production.
one interpretation, a criminal defendant must argue on appeal a
If a mental health evaluation of a criminal defendant is ordered, the mental health professional conducting the evaluation will generally seek to meet with the defendant.