2. People's organizations or personnel recommended by the unit where the criminal suspect or defendant belongs. The "people's organizations" mentioned here mainly refer to the Communist Youth League, trade union organizations and women's federations. People's organizations or persons recommended by the unit where the criminal suspect or defendant belongs shall not serve as lawyers.
3. Guardians, relatives and friends of criminal suspects and defendants. The "guardian" mentioned here is mainly aimed at the parents of minors. According to the law, parents of minors are legal guardians of minors. If the parents of minors are incapable of guardianship or die, their grandparents or brothers and sisters may act as guardians. What is "relatives and friends" is not clearly defined in the Criminal Procedure Law. According to the general understanding, relatives and friends are relatives and friends. According to the law, criminal suspects and defendants can choose their guardians and other relatives and friends as their defenders in addition to their lawyers, so that they can fully exercise their right to defense according to their own circumstances.
To sum up, criminal suspects can choose defenders among the above three types of personnel according to their own situation. A criminal suspect may entrust one or two people as defenders. In other words, each criminal suspect can only choose one or two of the above three types of personnel as his own defender, mainly considering that the defender will appear in court for defense activities. As long as it is conducive to safeguarding the legitimate rights and interests of criminal suspects, defenders can collect and express defense opinions on behalf of defendants in court. If a criminal suspect entrusts a defender, both parties shall sign a power of attorney. If the agreement is consistent, both parties shall sign or seal it, and then the people's procuratorate and the people's court shall verify the identity and power of attorney of the defender, so that the defender can carry out defense activities and perform his duties according to law.
The Criminal Procedure Law also imposes some restrictions on the criminal suspects' entrusting defenders. According to the provisions of the Criminal Procedure Law, the following persons cannot act as protectors:
1. The person subjected to execution shall not act as a defender. For example, if the people's court has sentenced public surveillance, criminal detention, fixed-term imprisonment, life imprisonment or deprivation of political rights according to law, it may not entrust a defender before the punishment is completed. In addition, a person sentenced to criminal detention, fixed-term imprisonment of not more than three years or suspended sentence shall not be entrusted as a protector.
2. Other persons who are deprived of personal freedom or restricted according to law shall not act as defenders. Except for those who are being executed, those who are being detained by public security, re-educated through labor, released on bail pending trial, under residential surveillance or subjected to compulsory measures such as criminal detention and arrest according to law cannot be entrusted as defenders because their personal freedom is deprived or restricted and they are involved in the investigation, investigation and handling of cases.
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)