Defendant

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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 It might be outdated or ideologically biased.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 ?
"By tying its assessment of the truthfulness of the co-defendant's testimony to that individual's prior statements to police, the trial court essentially directed the co-defendant on how the defendant must testify in order to receive the benefit of the bargain," Stein wrote in the decision released Tuesday.
Whorton admitted conspiring with Barber and two other co-defendants, Brandon Rains and David Fisher, to inflate the value of real estate transactions in order to get bigger loans from First Federal Bank of Harrison.
The sentencing for one of the two other co-defendants, Edmund Ball III, 40, was delayed because he initially pleaded guilty, but his lawyers later asked to change his plea.
The meeting with Legge has been requested by Alaska Airlines' lawyer Mark Dombroff, who has now been accused of 'judge-softening.' In his request, Dombroff apparently said that the airline wants to make settlements but is unable to get agreement from Trigg Aerospace and Shell Oil, its two co-defendants. Boeing Co has apparently already accepted the terms.
"I made my friend (the co-defendant, 33) phone him (Mr Moushed) and ask him to meet us at a farm in Daih to discuss work.
But the Appellate Division of state Supreme Court, Fourth Department, reversed that finding, vacated Walker's conviction, and granted him a new trial on the ground that the prosecution, not the co-defendant, had the burden of proving that he was present at the Sandoval hearing, and they failed to do so.
A third co-defendant, Timothy Jones, Jeremys brother, was shot and killed in December 2017 in an unrelated matter.
Banton told the jury his older co-defendant "egged on" Mr Jedrzejewski to fight.
The Republic of Ireland international, 23, will face trial in March over an alleged street row after he and a co-defendant entered pleas at Dublin District Court.
Morsi is also the co-defendant in three other trials: insulting the judiciary, escaping from prison during the 25 January Revolution, and for espionage for working with foreign Islamist groups to create chaos in Egypt.
It was then his 16-year-old co-defendant, who cannot be named for legal reasons, joined in and threw a few punches.
He was looking at potentially substantial financial implications but it would not be possible to conclude the case until October, when it was hoped proceedings against a co-defendant would have been completed, the judge said.