According to the Criminal Procedure Law of People's Republic of China (PRC), the provisions are as follows:
1, Article 33 A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their 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.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
2. Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.
Extended data
1, according to the the Supreme People's Court on the application of
In fact, the indictment only refers to the accusation documents of public prosecution cases. It is concrete and does not need to be further defined by attributes such as "public prosecution case" and "criminal case". Its scope is self-evident through legal and judicial interpretation. The word indictment is specific enough, and it is an accusation document representing a public prosecution case, without attributes.
2, the complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
China Government Network-People's Republic of China (PRC) Criminal Procedure Law