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被告人在免予起诉的诉讼过程中有权获得辩护。这种辩护权除被告人自行辩护外,是否包括委托辩护人为自己进行辩护,在法学理论界尚是一个有争议的问题。为了使被告人的辩护权在检察机关进行免予起诉的诉讼过程中,能够得到充分的体现,切实保障被告人的合法诉讼权利,笔者认为,被告人在检察机关对其进行免予起诉的诉讼过程中,是可以委托辩护人为自己进行辩护的。
The defendants were entitled to a defense in the process of immunity from prosecution. This kind of right of defense except the defendant’s own defense, including commissioned defenders to defend himself, is still a controversial issue in jurisprudence and theorists. In order to make the defendant’s right of defense prosecutors in the process of immunity from prosecution can be fully reflected and effectively protect the defendant’s right to legal proceedings, the author believes that the prosecutor in the prosecution of the prosecution of litigation against them It is possible to entrust a defender to defend himself.