A defendant is a person accused of committing a crime in criminal prosecution or someone to whom certain types of civilian assistance are being sought in civil cases.
Terminology varies from one jurisdiction to another. For example, Scottish law does not use the term "defendant"; the term "accused" or "panel" is used as a substitute in criminal proceedings, and "defender" in civil proceedings.
Video Defendant
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In a criminal proceeding, the defendant is a person accused of a criminal offense (a crime defined by a criminal offense). Other parties in criminal proceedings are usually public prosecutors, but in some jurisdictions, private prosecution is permissible.
The criminal defendants are often detained by the police and taken to court under arrest warrants. The Criminal Defendant is usually obliged to send a guarantee before being released from custody. For serious cases, such as murder, guarantees are often rejected. The defendant must be present at every stage of the trial against them. (There are exceptions to very small cases like traffic violations in jurisdictions that treat them as a crime.)
If more than one person is accused, people may be referred to as "co-defendants" or "co-conspiritors" in English and Common-Law courts.
In some jurisdictions, vulnerable defendants may be able to gain access to the Non-Registered Intermediary service to assist communication in court.
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Civil defendant
In a civil suit, a defendant (or a respondent ) is also an accused, though not an offense, but from a civil error (for example, a breach or breach of contract). The person who initiates civil action through a complaint is referred to as the plaintiff.
Defendants in civil action usually make their first voluntary appearance in response to a call. Historically, civil defendants may be taken into custody under a warrant of Caspian ad respondents . Modern civil defendants can usually avoid most (if not all) appearances in court if represented by lawyers.
Most often and intimately, the defendant is a person: either a natural person (real person) or a juridical person ( a fictional persona ) under legal fiction treats the organization as a person. But a defendant can be an object, in which case the object itself is the direct subject of the action. When a court has jurisdiction over an object, it is said to have jurisdiction in brakes . Example of case in brake is United States v. Forty Barrels and Twenty Kegs of Coca-Cola (1916), where the defendant was not The Coca-Cola Company himself. , but "Forty Barrels and Twenty Kegs of Coca-Cola". In the current practice of US law, the under brake setting is primarily a case of asset seizure, under drug laws, as in AS v. $ 124,700 (2006).
The defendant may set up an account to pay for litigation fees and legal fees. This legal defense fund can have a large membership amount in which members contribute to the fund. Funds can be general or private and set for specific individuals, organizations, or goals. These funds are often used by public officials, civil rights organizations, and public organizations.
England and Wales
Historically, "defendant" is a legal term for a person who is prosecuted for minor offenses. That does not apply to people who are prosecuted for crimes.
See also
- Attribution (legal)
- Criminal procedure
- Trial
References
Source of the article : Wikipedia
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