Entrusted defender refers to a person who is entrusted by a criminal suspect or his close relatives to provide legal defense for a criminal suspect in criminal proceedings. The responsibility of a defender is to provide materials and opinions on whether a criminal suspect or defendant is innocent, light or relieved of criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
People who cannot act as defenders:
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。 People who are being executed or are on probation or parole;
2。 Persons deprived or restricted of personal freedom according to law;
3。 Persons without capacity or persons with limited capacity;
4。 People's courts, people's procuratorates, public security organs, state security organs and prisoners;
5。 People's jurors;
6。 People who have an interest in the trial result of this case;
7。 Foreigners or stateless persons.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 32 A criminal suspect or defendant may, in addition to exercising the right of defense, 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.
Article 33 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 compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Article 35 A defender shall, according to facts and laws, put forward materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of a criminal suspect or defendant, and safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
Article 36 A defense lawyer may provide legal aid to a criminal suspect during investigation; Acting as an agent for complaints and accusations; Apply for changing compulsory measures; Ask the investigation organ about the crimes and cases suspected by the criminal suspect, and put forward opinions.