First, the defender must be a lawyer?
Defenders are not necessarily lawyers. According to China's criminal procedure law, the scope of defenders can be: "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.
But at the same time, the law stipulates the scope of not acting as a defender. Including absolute inability to act as a defender and relative inability to act as a defender.
There are three situations in which you can never be a defender:
1, the person who is executing or being declared on probation or parole.
2. People who are deprived or restricted of personal freedom according to law.
3. Persons without civil capacity or with limited capacity.
Relatively unable to act as a defender means that if you are a people's juror, an on-the-job member of the judicial organ, a person closely related to the trial result of this case, a foreigner or a stateless person, you generally cannot act as a defender, except that you are a close relative or guardian of the defendant.
What's the difference between an agent ad litem and a defender?
1, depending on.
The basis for criminal defenders to participate in criminal proceedings is the authorization of criminal suspects and defendants or the legal designation of the court.
The participation of criminal agents in litigation can only be authorized by the parties and their legal representatives.
2. The litigation status is different.
The defender has an independent litigation status, defends in his own name and is not bound by the defendant. An agent does not have an independent litigation status, but is attached to the principal and engages in activities according to the will of the principal. The status of a defense lawyer is completely different from that of an attorney. The former has an independent status and is not influenced by the will of criminal suspects, nor is it interfered by individual groups such as courts and procuratorates. The latter must operate within the scope authorized by the principal according to law, because the agent's behavior not only has the same effect as the principal's behavior, but also bears all the legal effects produced by the principal.
3. The litigation tasks are different.
Criminal defense assumes the defense function, that is, refuting the accusation of the procuratorial organ and proving the innocence or guilt of the criminal suspect or defendant, and criminal responsibility should be reduced or exempted. The duty of the agent is to safeguard the legitimate rights and interests of the client.
4, the scope of application is different.
The litigation interests of the two objects are just the opposite, and criminal defense is applicable to criminal suspects, defendants and defendants in public prosecution cases. Criminal agency is applicable to victims, private prosecutors and incidental civil parties in public prosecution cases.
5. The content of rights is different.
Criminal defenders enjoy a wide range of rights stipulated by law, such as the right to meet, the right to communicate, the right to investigate and collect evidence, and some rights are not even enjoyed by criminal suspects and defendants.
The rights enjoyed by a criminal agent are granted by the agent and cannot exceed the scope of authority of the principal.
6. The scope of authority is different.
The rights enjoyed by defenders are given by law, and there is no question of the defendant's authorization, even if the so-called authorization is only to enable defenders to participate in litigation. Whether an agent participates in litigation and within what scope of authority, it must be authorized to decide.
7. The name of the activity is different.
Defenders use their own names in investigation and evidence collection, submission of defense and other activities. Criminal agents use the name of the principal in litigation activities.
8. The objects are different.
Set up defenders for criminal suspects and defendants in public prosecution cases and defendants in private prosecution cases. Agents ad litem are established for private prosecutors, victims and civil litigants.
9. Defenders and agents ad litem enter criminal proceedings in different ways. In addition to accepting entrustment, defenders can also enter the proceedings through the designation of the court. When an agent enters a lawsuit, he is entrusted by the principal to enter the lawsuit.
3. Who can hire a defender?
1. Criminal suspects and defendants have the right to defend themselves or entrust others to defend themselves, and public security organs, people's procuratorates and people's courts also have the obligation to protect the right of defense of criminal suspects and defendants;
2. Mainly manifested in the following aspects: the public security organ shall promptly send the request of the criminal suspect to entrust a lawyer to the corresponding law firm, local lawyers association or judicial administrative organ;
3. 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;
4. The people's court shall, within three days from the date of accepting the case of private prosecution, inform the defendant of the right to entrust a defender. After the people's court decides to hold a hearing, it shall serve a copy of the indictment of the people's procuratorate on the defendant ten days before the hearing at the latest. If the defendant has not appointed a defender, he shall be informed that he can appoint a defender or, when necessary, appoint a lawyer who undertakes the obligation of legal aid to defend him. "
According to the law, it can be known that defenders are not necessarily lawyers, people's organizations, people recommended by the criminal suspect or defendant's unit, relatives and friends, etc. They can all be defenders. The above is the knowledge about whether the defender must be a lawyer. If you don't know anything or have other questions, you can consult a lawyer.