Does a 17-Year-old Committing Theft Have the Right to Self-defense? Besides Lawyers, Who Else Can Defend the Defendant?
At 17 years old, do you have the right to self-defense if you commit theft?
May I ask, according to the provisions of criminal procedure, does a person who commits a crime at the age of 17 have the right to self-defense? Can their parents defend them instead?
Answer:
Based on Clauses 1 and 2 of Article 142 of the Criminal Procedure Code 2015, it is stipulated as follows:
The accused who is under 18 years old has the right to self-defense or to seek defense from another person.
The representative of the accused under 18 years old has the right to choose a defender or defend the accused under 18 years old themselves.
Thus, a 17-year-old person has the right to self-defense or to seek defense from another person. Additionally, their parents also have the right to defend them in such cases.
Besides lawyers, who else can defend the accused?
May I ask, besides lawyers, who else can defend the accused in a criminal case?
Answer:
Based on Clause 2 of Article 72 of the Criminal Procedure Code 2015, it is stipulated as follows:
A defender can be:
- A lawyer;- A representative of the accused;- A people's advocate;- A legal aid provider in cases where the accused is eligible for legal aid.
Thus, apart from lawyers, the aforementioned individuals can also defend the accused in a criminal case.
In what cases is a lawyer prohibited from taking on a defense?
May I ask: According to the current legal provisions, in what cases is a lawyer prohibited from taking on a defense? I look forward to a prompt response.
Answer:
According to Clause 4 of Article 72 of the Criminal Procedure Code 2015, it is stipulated:
- The following individuals are not allowed to defend:
+ Individuals who have been involved in the procedural activities of that case; relatives of those who have been or are currently involved in the procedural activities of that case;
+ Individuals who are participants in that case in the capacity of witnesses, experts, asset valuers, interpreters, translators;
+ Individuals who are currently being prosecuted, convicted individuals without a clean record, individuals who are subject to administrative measures for compulsory rehabilitation centers or compulsory educational institutions.
- One defender can defend multiple accused individuals in the same case if their rights and interests are not in conflict.
Multiple defenders can defend one accused individual.
Thus, as per the stipulations mentioned above, a lawyer is prohibited from defending in the mentioned cases.
Respectfully!
