Criminal defendant

A defendant is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case.

Terminology varies from one jurisdiction to another. For example, Scots law does not use the term "defendant"; the terms "accused" or "panel" are used instead in criminal proceedings, and "defender" in civil proceedings.

In a criminal trial, a defendant is any 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 is often 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.)

In some jurisdictions, vulnerable defendants may be able to access the 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.

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