Can't lawyers represent criminal cases? A person who is not a lawyer may also act as a defender or agent ad litem in criminal cases according to law as long as he meets the provisions of Article 33 of the Criminal Procedure Law. Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. 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. The rights of defenders in China mainly include: 1. Defenders have the right to defend independently according to facts and laws. Defenders defend independently according to their own facts and understanding of the law, and any other organ, including the people's court, the people's procuratorate, or any group or individual, has no right to interfere. 2. The right to meet and communicate. According to the provisions of Article 36 of the Criminal Procedure Law, defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and can meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. At the trial stage, defense lawyers can consult, extract and copy the materials of the criminal facts accused in this case, and can meet and correspond with the defendants in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody. Litigation documents in this case refer to legal documents including filing decisions, taking compulsory measures, wanted orders, prosecution opinions and so on. Technical appraisal data refers to the appraisal conclusion. According to the relevant provisions of the Criminal Procedure Law, cases of private prosecution should refer to criminal private prosecution and related evidence. If the people's procuratorate does not prosecute and the victim brings a lawsuit to the people's court, the file transferred by the people's procuratorate to the people's court shall also be allowed to consult; A case of public prosecution refers to the indictment, the list of relevant evidence, the list of witnesses and the copies or photos of the main evidence with clear facts about the alleged crime. The photocopy or photograph of the main evidence refers to the photocopy or photograph of the evidence that is decisive for the conviction and sentencing of the case. 3. Right to investigate and collect evidence. According to Article 37 of the Criminal Procedure Law, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the people's procuratorate or the people's court for collecting and obtaining evidence. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them. Other defenders do not have this right. 4. The right to state defense opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall listen to the opinions of the person entrusted by the criminal suspect when examining the case. In other words, the defender entrusted by the criminal suspect has the right to defend the client at the stage of examination and prosecution. In this regard, the people's procuratorate should listen. 5. In the trial stage of the case, the defender has the right to receive the notice of appearance from the people's court no later than 3 days before the court session. 6. The right to participate in court investigations and court debates. According to the relevant provisions of the Criminal Procedure Law, in the court investigation stage, after the public prosecutor interrogates the defendant, the defender may ask the defendant questions with the permission of the presiding judge; With the permission of the presiding judge, you can ask questions to witnesses and expert witnesses; During the court hearing, the defender has the right to apply for new witnesses to appear in court, obtain new evidence and apply for re-appraisal or inquest. At the stage of court debate, defenders can express their opinions on the evidence and the case, and they can argue with the prosecution. 7. The right of appeal with the consent of the defendant. The criminal procedure law stipulates that the defendant's defender may appeal with the consent of the defendant. That is, with the consent of the defendant, the defender has the right to appeal against the judgment or ruling that has not yet taken legal effect in the first instance. 8. If the people's court, the people's procuratorate or the public security organ take compulsory measures beyond the statutory time limit, the defender has the right to demand that the compulsory measures be lifted. Article 75 of the Criminal Procedure Law stipulates that criminal suspects, defendants and other legal representatives, close relatives or lawyers and their defenders entrusted by them have the right to demand the cancellation of compulsory measures against people's courts, people's procuratorates and public security organs beyond the statutory time limit. The people's court, the people's procuratorate or the public security organ shall release the criminal suspect or defendant who has taken compulsory measures beyond the statutory time limit, obtain bail pending trial, monitor his residence or change the compulsory measures according to law. 9. Denial of the right to defense. According to the provisions of the Criminal Procedure Law and the Lawyers Law, there are two cases of refusing to defend: one is that the criminal suspect and the defendant refuse the defender to continue defending; Another kind of refusal to defend means that the defender has legal reasons not to defend the criminal suspect or defendant. The second paragraph of Article 29 of the Lawyers Law stipulates that a lawyer shall not refuse to defend or represent without justifiable reasons after accepting the entrustment. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend or represent him. 10. Representing criminal suspects and defendants to lodge complaints. 1 1. The personal rights of defenders in legal practice are inviolable. A person who is not a lawyer may also act as a defender or agent ad litem in criminal cases according to law as long as he meets the provisions of Article 32 of the Criminal Procedure Law. A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 34
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures;
During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.