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Concept
Defendant
Summary
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent".
In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.
Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must be present at every stage of the proceedings against them. (There is an exception for very minor cases such as traffic offenses in jurisdictions which treat them as crimes.)
If more than one person is accused, the people may be referred as "co-defendant" or "co-conspirator" in British and common law courts.
In some jurisdictions, vulnerable defendants may be able to get access of services of a non-registered intermediary to assist with communication at court.
In a civil lawsuit, a defendant (or a respondent) is also the accused party, although not of an offense, but of a civil wrong (a tort or a breach of contract, for instance). The person who starts the civil action through filing a complaint is referred to as the plaintiff (also known as the appellant).
Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. Historically, civil defendants could be taken into custody under a writ of caspian ad respondent. Modern-day civil defendants are usually able to avoid most (if not all) court appearances if represented by a lawyer.
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