Applicant is the individual who makes a request, that is, requests something from someone. The defendant is the person for whom the application is intended, as well as the quality of what was requested.
In a legal context, applicant and defendant are terms used in proceedings of a non-criminal nature.
The defendant is the person who must answer for a crime or misdemeanor, being the passive pole of the judicial process. Against the defendant is the author, who promotes the action as an active pole of the process. Both terms are to be used only within the framework of criminal law.
| Applicant | Required | Defendant | Author | |
|---|---|---|---|---|
| Definition | An individual who makes a request through an application. | Individual who receives a request through an application. | Passive pole of a judicial process, having to answer for crime or misdemeanor. | It is the active pole of the judicial process, promoting the action against the defendant. |
| Example | The applicant has five days to submit the document. | There is a period of 60 days for the defendant to decide on the claim. | The defendant was taken to court under heavy escort. | The plaintiff accuses the defendant of embezzlement. |
What is a claimant?
The applicant is the individual making the request through an application. Generally, the term is used to make a request to some judicial authority.
The request must be present in a document, in this case the application.
Examples
- The judge accepted the petitioner's request against the accused.
- The applicant's application was made five days ago.
What is required?
It is the individual for whom the application is intended. It is also the quality of a request, that is, a request made through an application.
The claimant submits a claim to someone, who will be the defendant. The request is made through an application, delivered to the defendant.
Examples
- The defendant must decide on the claim within 90 days.
- The application has been submitted, but the respondent cannot be found.
- It is not possible to comply with the request because there are no legal bases for doing so.
What is a defendant?
The defendant is an individual involved in a legal proceeding for an offense or crime. He can be accused and, at the end of the proceedings, found guilty or innocent.
The feminine form of réu is “ré”.
Examples
- Exchange of favors between defendant and judge is a crime.
- The defendant was taken to court under heavy escort.
What is author?
In law, the author is the one who promotes a civil or criminal action against another person, who will be considered a defendant. It is known in the legal field as the plaintiff in the process, as opposed to the defendant, who is the defendant.
The plaintiff and the defendant form a triangle with the judge, who represents the state.
Examples
- The plaintiff accuses the defendant of embezzlement.
- At the end of the proceedings, the plaintiff and the defendant reached an agreement.
It is worth mentioning that the legal world is full of terms that can be considered synonymous with the words explained above. The defendant, for example, can be seen as the perpetrator, while the plaintiff can be seen as the plaintiff.
See also the difference between:
- prescription and decadence
- Natural law and positive law
- guardianship and guardianship
- Imprisonment, detention and simple imprisonment
- Closed, semi-open and open regime
