In practice, few relatives and friends can participate in criminal proceedings as defenders, and even if they participate in the proceedings, it is difficult to be allowed to meet. In this case, the existing relatives and friends generally know little about criminal law;
Internal reasons that are difficult to defend; There are also reasons why procuratorates and courts are worried that their relatives and friends collude with the parties based on personal feelings, destroy evidence and retaliate against witnesses.
General procuratorates and courts also do not recommend the relatives and friends of the parties to participate in criminal proceedings. If you have hired a lawyer, you can entrust a defense lawyer to convey family greetings to the parties to help stabilize their emotions.
However, lawyers will not help pass on information related to illegal or even suspected crimes.
Legal basis:
Interpretation of the Criminal Procedure Law of the Supreme People's Court Article 35 When trying a case, the people's court shall fully protect the defendant's right to defense according to law.
In addition to exercising the right of defense, the defendant may also entrust a defender to defend. The following persons shall not act as defenders:
(1) A person who is being executed or is within the probation period of probation or parole;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Persons without capacity or persons with limited capacity;
(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;
(5) People's jurors;
(6) People who have an interest in the trial result of this case;
(7) Foreigners or stateless persons.
The persons specified in Items 4 to 7 of the preceding paragraph are guardians or close relatives of the defendant, and may be allowed to act as defenders when entrusted by the defendant.
Article 36 Judges and other staff members of the people's courts shall not act as defenders within two years after leaving the people's courts.
After leaving the people's court, judges and other staff members of the people's court shall not act as defenders in the trial of cases in the court of first instance, except as guardians or close relatives of the defendant.
Spouses, children or parents of judges and other staff members of a people's court shall not act as defenders in the trial of cases in the court where they are located, except as guardians or close relatives of the defendant.
Article 37 If a lawyer, a people's organization, a person recommended by the defendant's unit or the defendant's guardian, relatives and friends are entrusted as defenders, the people's court shall verify their identity certificates and power of attorney.
Article 38 A defendant may entrust one or two persons as defenders.
A defender shall not defend two or more defendants in the same case who have not been dealt with but whose criminal facts are related.
Article 39 If the defendant fails to entrust a defender, the people's court shall inform him of his right to entrust a defender within three days from the date of accepting the case; If the defendant fails to entrust a defender due to financial difficulties or other reasons, he shall be informed that he can apply for legal aid; If the defendant should be provided with legal aid, he shall be informed that he will notify the legal aid institution to appoint a lawyer to defend him according to law.
The notice can be oral or written.