Identify The Differences Of Suspects And Defendants From The Segi Of Understanding And Rights They Own

Illustration of the suspect. (OpenClipart/Vectors-Pixabay)

YOGYAKARTA The terms of the suspect and his condolences are often used in handling a legal case. So, what are the differences between the suspect and the defendant?

Meanwhile, differences between the suspect and the defendant have been made in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHP). The following is complete information about the suspect and the defendant

Differences between Suspects and Defendants from the Segi of Understanding

The difference between the suspect and the first defendant can be seen in terms of meaning or understanding.

According to Article 1 point 14 of the Criminal Code, what is meant by the suspect is someone who for his actions or circumstances, based on preliminary evidence, should be suspected of being the perpetrator of a criminal act.

In Article 184 of the Criminal Procedure Code, the determination of the status of a suspect must meet at least two pieces of evidence. Evidence can be in the form of witness statements, expert statements, letters, instructions and statements of the defendant.

Meanwhile, the defendant is a suspect who is prosecuted, examined, and tried in court, as contained in Article 1 point 15 of the Criminal Code.

A suspect can be named a defendant based on sufficient evidence. Therefore, a suspect who is currently undergoing trial in court is referred to as a defendant.

Differences between Suspects and Defendants from Segi Hak

Quoted by VOI from the pn-depok.go.id page, Monday, October 17, 2022, the following are the rights of the suspect and defendants as stated in Article 50-60 of Law no. 8/1981 concerning KUHAP:

Article 50:

Article 51:

To prepare for defense :

Article 52:

In the examination at the level of investigation and trial, the suspect or defendant has the right to provide a statement freely to the investigator or judge.

Article 53:

Article 54:

For the sake of defense, the suspect or defendant has the right to receive legal assistance from a legal advisor or more during the time and at every level of examination, according to the procedures stipulated in this law.

Article 55:

To obtain the legal advisor in Article 54, the suspect or defendant has the right to choose his own legal advisor.

Article 56:

Article 57

Article 58

The suspect or defendant who is detained has the right to contact and receive a visit from his personal doctor for health purposes, whether related to the case process or not.

Article 59

The suspect or defendant who is subject to detention has the right to be notified about the detention of him by an authorized official, at all levels of examination in the judicial process, to his family or other person at home with the suspect or defendant or other person whose assistance is needed by the suspect or defendant to get legal assistance or guarantees for his suspension.

Article 60

The suspect or defendant has the right to contact and receive a visit from a party that has a family relationship or otherwise with the suspect or defendant in order to get a guarantee for the suspension of detention or to try to get legal assistance.

That is information about the differences between the suspect and the defendant in terms of understanding and the rights they have.