Defendant

(redirected from Defendants)
Also found in: Dictionary, Thesaurus, Medical, Legal, Financial.

defendant

a person against whom an action or claim is brought in a court of law
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
However, when a case involves multiple defendants served at different times, it can be difficult to determine when the 30-day deadline for removal has passed.
For supporters who believe that "more choice is better," the credibility paradox suggests that, for most defendants, plea bargains are not an additional option.
At the same time, to ensure a fair trial, the Supreme Court has established that a right to counsel exists under the Sixth Amendment, and that this right is not met if a criminal defendant receives ineffective assistance of counsel.
Osanyituyi said the defendants fraudulently failed to remit the said amount realised from the use of the motorcycles to Terry Onwuka.
The aforementioned sentences were handed to defendants by the Criminal Court in December 2017.
The Criminal Investigation's investigation revealed that the seventh defendant had fled to Iran with the help of the First, second and third defendants, who also assisted in harboring the fourth and seventh defendants until the fourth defendant managed to return to Bahrain where he is still hiding.
"The 'general rule' is that two defendants indicted together should be tried together, in order 'to prevent inconsistent verdicts and to conserve judicial and prosecutorial resources.' United States v.
After receiving a complaint from the bank, the police arrested all the defendants. Prosecutors charged five of the defendants with fraudulently obtaining loans from the bank using fake documents, while the sixth defendant was charged with helping the men obtain the loans.
Police investigators say they established that defendants Massa Kennedy and Juana Bracewell were occupants of one of the apartments in the compound where defendant Williams allegedly murdered journalist Browne and they allegedly witnessed the crime.
Notwithstanding that, there is no evidence that both parties complied with the said mandatory requirements of law and policy and, as we say in Ghana, the 2nd and 3rd Defendants went ahead and 'did their own thing'.
In August, the Dubai Court of First Instance jailed 16 of the 19 defendants for seven years each and three others for a year each.