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 ?
The trial court denied the motion to quash and suppress, and defendant was convicted after a stipulated bench trial.
According to the plaintiff's motion, the defendants withheld more than 190,000 documents produced on the eve of the trial in Ruth to "obstruct justice" and deny the plaintiffs in Presler a fair trial.
None of the five defendants was older than 16, nor were many of the jurors.
Sell will be spared the drugs for now, and a stringent new legal test will have to be applied for all future attempts to drug nonviolent defendants for trial.
A defendant seeking to avoid such discovery may file a motion for a protective order.
Pace, (18) the court found that there was probable cause to search the defendant's residence after arresting the defendant and searching his barn.
Here, the defendant interposed a counterclaim seeking damages exceeding the tax refund based upon a claim that plaintiff, as lessee, failed to properly maintain the building.
36) The court felt that the defendant had the same reasonable expectation of privacy in his fenced backyard as he had inside his house.
Instead, the Court ruled that knowledge on the part of the defendant to refuse consent is but one factor because it "would be thoroughly impractical to impose on the normal consent search the detailed requirement of an effective warning.
The action, commenced by E-Cap and other investors, alleges that the defendants orchestrated a series of fraudulent transfers of the technology of TechnoConcepts, Inc.
Once the verdict has been delivered, the judge calls the defendant and the defendant's parents to the bench for instructions.