Who can be a defender?

According to the provisions of Article 32 of China's Criminal Procedure Law: "A criminal suspect or defendant may entrust one or two people as defenders in addition to exercising the right of defense. The following persons may be entrusted as defenders:

(1) lawyers;

(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;

(3) Guardians, relatives and friends of criminal suspects and defendants.

A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. "

As well as the provisions of Article 35 of the Judicial Interpretation of the Criminal Procedure Law, "When trying a case, the people's court shall fully protect the defendant's right to defense according to law.

In addition to exercising the right of defense, the defendant may also entrust a defender to defend. The following persons shall not act as defenders:

(1) A person who is being executed or is within the probation period of probation or parole;

(2) A person who is deprived or restricted of personal freedom according to law;

(3) Persons without capacity or persons with limited capacity;

(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;

(5) People's jurors;

(6) People who have an interest in the trial result of this case;

(7) Foreigners or stateless persons.

The persons specified in items 4 to 7 of the preceding paragraph are guardians or close relatives of the defendant, and may be allowed to act as defenders when entrusted by the defendant. "

According to the above legal provisions, item B meets the requirements. Item D Xiao Zhang should be a witness. According to the provisions of China's criminal procedure law and judicial interpretation, witnesses have priority, so Xiao Zhang gives priority to being a witness rather than a defender.