Criminal Procedure System Of Defense

The traditional defense theory believed that responsibility of the defender is proposed the proof of innocent, the crime is light or reduces, to avoids its legal responsibility, and defends its rights. This is entity defense, besides this, but also has another kind of defense, namely the procedure defense.The so-called procedure defense refers the defender take public authority institution's behavior of violates the Law of Criminal Procedure, proposed the lawsuit behavior is invalid, or the procedure need to be re-carried on, finally to carry through the saving of rights of the suspected criminals and the accused.For example, the defender proposed the crime evidence is collected by the illegal method, so it must be removed. Also like, the defender proposed the detection behavior, the prosecution behavior and the trial behavior seriously violated the Law of Criminal Procedure, and infringe the rights of he suspected criminals and the accused, propose to cancel the case, cancel the prosecution, even abolished the first trial decision, and the legal procedure re-carry on, and so on.The procedure defense functions mainly as the followings. First, the behaviors of the public authority institution which violate the procedural law become the defense object. Next, the procedure defense is helpful to control the abuse of factual jurisdictions to a certain degree. Once more, the defense widely has the solid foundation, is helpful to optimize the criminal prosecution structure.The basic elements of procedure defense are: the object of procedure defense; the subjective of procedure defense; the deadline and mode of procedure defense, procedure argumentation, procedure verdict; the saving of procedure verdict etc.So, the effective development of the procedure defense, firstly depends on the sanction measure to the procedure illegal activity exits in...