legal ground
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.
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.
Solution process
Entrusted defender
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; The defendant has the right to entrust a defender at any time.
Attention should be paid to distinguish between criminal suspects and defendants here. A criminal suspect refers to the name of a person who was criminally investigated for a suspected crime before the procuratorial organ filed a public prosecution with the court. The defendant is the name after the indictment. Therefore, a criminal suspect may entrust a defender from the day when he is interrogated for the first time or compulsory measures (summons, bail pending trial, residential surveillance, detention and arrest) are taken.
During the investigation, only lawyers can be entrusted as defenders.
Entrusted defender
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.
A criminal suspect or defendant may entrust one or two lawyers as defenders. The scope of defenders in the Criminal Procedure Law is not limited to lawyers, but in practice, it is more appropriate to entrust lawyers as defenders. If the family is in difficulty, you can apply for legal aid to defend.