1, the suspect or the defendant himself;
2. Legal representatives of criminal suspects and defendants; ("Legal representative" refers to the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection of the principal)
3. Close relatives of criminal suspects and defendants; ("Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. )
4. The person entrusted by the criminal suspect or defendant.
Second, the main scope of defenders
(1) Who can be employed?
According to Article 32 of the Criminal Procedure Law, the scope of defenders includes:
Lawyer. Lawyers refer to practitioners who have obtained the qualification of lawyers in accordance with legal procedures and provided legal services to the society after registration. Although qualified as a lawyer but not registered, he may not be entrusted by a lawyer as a defender.
In addition, article 1 1 of the Lawyers Law stipulates that civil servants may not concurrently be practicing lawyers. Lawyers are not allowed to practice law while serving as members of the Standing Committees of People's congresses at all levels. At the same time, article 4 1 of the law stipulates that a lawyer who has served as a judge or prosecutor shall not serve as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate. Article 32 of the Criminal Procedure Law: In addition to lawyers, there are: people's organizations or people recommended by the units of criminal suspects and defendants; Guardians, relatives and friends of criminal suspects and defendants.
If a soldier becomes a criminal suspect or defendant, he may hire a lawyer as a defender from the army or the local government.
Foreigners and stateless criminal suspects who entrust lawyers to defend can only entrust lawyers in China as defenders.
(2) people who can't serve.
According to the provisions of the second paragraph of Article 32 of the Criminal Procedure Law, a person who has been sentenced to punishment according to law or deprived of or restricted personal freedom may not act as a defender. According to Article 35 of the Supreme People's Court's Interpretation of Application and Article 4 of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the the National People's Congress Standing Committee (NPCSC) Law Committee's Provisions on Several Issues Concerning the Implementation of the Criminal Procedure Law, the following persons may not act as defenders of criminal proceedings:
1, the person who is executing or is in the probation period of probation or parole;
2. Persons deprived or restricted of personal freedom according to law;
3. Persons without capacity or with limited capacity;
4. People's courts, people's procuratorates, public security organs, state security organs and prison staff;
5. People's jurors;
6. People who have an interest in the trial result of this case;
7. Foreigners or stateless persons.
The people's court may allow the person specified in items 4, 5, 6 and 7 to be a close relative or guardian of the defendant, and the defendant entrusts a defender.
Three, how long after the second instance appeal of criminal cases?
In criminal cases, there is no specific time limit for the people's court to hear the appeal of the second instance after the appeal. Legally, only the people's court of second instance has stipulated the time limit after accepting criminal cases. The time limit for criminal cases can be up to two and a half months, while that for civil cases can be up to three months.
After the judgment of the people's court of first instance, if a party refuses to accept the judgment of the case, as a party to the case, he has the right to appeal to the people's court at the next higher level within the time limit prescribed by Chinese law. As the defendant's defender and the defendant's relatives, they can also appeal in this way with the defendant's consent.
In a case that meets the conditions for withdrawal, the parties may also withdraw the case after appeal. If the defendant, the private prosecutor and the legal representative of the defendant file a withdrawal appeal within the statutory time limit, the people's court of second instance shall allow it. If the appeal is withdrawn at the expiration of the appeal period, it shall be reviewed and handled by the people's court in charge of second instance. After examination by the people's court, it is determined that the case is in conformity with the case of withdrawal, and the party concerned is allowed to withdraw the case.
In the process of hearing a case, the people's court will form a collegial panel to hear it. If, after examination by the collegial panel, it is found that the factual result of the case is consistent with the judgment of the first instance, in all cases, if the evidence is sufficient, the trial may not be held. If the parties lodge a protest with the people's procuratorate, such cases shall be heard in court. For a case to be tried in public, the people's court shall announce the name of the defendant, the cause of action, the place and time of the hearing three days before the hearing.
To sum up, in China's criminal cases, according to relevant regulations, both parties generally need to hire lawyers, so we need to actively cooperate with lawyers' investigation. The above is the knowledge about who has the right to entrust a lawyer in criminal cases. If you don't know anything or have other questions, you can consult a lawyer.