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



(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.



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 ?
Pedophiles are the type of defendant who prompted Megan's Law, and perhaps for these individuals the law is appropriate.
12) With only two of the five justices in the original Miranda majority still on the Court, the Supreme Court held that a statement taken in violation of Miranda could be used to impeach the credibility of a defendant at trial.
The suit alleges that over an extended period of time the defendants refused to divulge information required to be disclosed to the plaintiffs as investors in the California defendant, TechnoConcepts, Inc.
She said that her office does not overlook white defendants when selecting state cases for federal prosecution.
A major difficulty that police officers experience as defendants is accepting the inherently submissive nature of the defendant role.
Semow has told jurors the four defendants attacked Farris and McLoren as they were lifting weights outside a wooden fort behind McLoren's home.
Even in jurisdictions without substantive offenses or sentence-enhancing provisions, the possession, use, and wearing of body armor by defendants have found their way as evidence into criminal trials, mostly in cases involving drugs and weapons.
The complaint alleges that the defendants have solicited and accepted approximately $182,500 from at least five members of the general public in and around the San Francisco bay area to participate in purported foreign currency investments.
The four defendants stand charged with murder, attempted murder, burglary and two counts of attempted robbery in the May 22 attack on Farris and McLoren.
Hotel employees may corroborate further the informant's testimony and may be able to identify the defendants by viewing a "photo line-up.
Defense counsel said defendants settled the Ruth case because procedural issues bad emerged that might have limited their ability to fully present their case to the jury, and that trying the case would have served little purpose in the overall adjudication of the pending welding fume lawsuits because of Mr.