défendant

The défendant is the party against whom a civil or criminal action is brought in a French-speaking legal system. The défendant must respond to the claims or charges raised by the plaintiff or prosecutor and may be represented by an attorney. The term denotes the person defending against the lawsuit or accusation.

In civil proceedings, the opposing party is typically the demandeur (the claimant or plaintiff), while the other side is referred to as the défendant or défendeur. The défendant is required to present defenses, provide evidence, and may file counterclaims or motions as part of the procedure. In criminal proceedings, the term covers the individual accused or charged, who is entitled to a fair trial, presumption of innocence, and the right to legal counsel.

Rights and obligations of the défendant include being informed of the charges, presenting evidence and witnesses, cross-examining prosecution or plaintiff witnesses, and presenting a defense. The defendant can plead guilty or not guilty in criminal cases, contest the factual basis of the claims, or seek dismissals, settlements, or plea agreements through the course of the proceedings. The exact procedures and terminology can vary by jurisdiction, but the fundamental role remains that of the party defending against an action brought by the other side.

Etymology and usage: défendant derives from the verb défendre, with the -ant ending used to form a noun describing the participant in the action. The term is common in France, Belgium, Switzerland, and other French-speaking jurisdictions, where it appears in legal documents, court rulings, and procedural texts.