不是律师可以代理刑事案件吗不是律师的人，只要符合刑诉法第33条规定，也是可以依法担任刑事案件的辩护人和诉讼代理人。 Article 33 of the criminal procedure law criminal suspects, defendants in addition to their own exercise of the right to defense, but also can be entrusted to one or two people as a defender. The following persons may be appointed as defenders: (1) lawyers; (2) persons recommended by people's organizations or the unit in which the criminal suspect or defendant is located; (3) guardians, relatives or friends of the criminal suspect or defendant. A person who is being executed a sentence or deprived or restricted of personal freedom according to law shall not serve as a defender. The rights of the defender in China mainly include: 1. The defender has the right to conduct the defense independently according to the facts and the law. The defender conducts his or her defense independently according to his or her own determination of the facts and understanding of the law, and no other organ, including the People's Court and the People's Procuratorate, or group or individual, has the right to intervene.2. The right to meet and communicate. According to Article 36 of the Criminal Procedure Law, from the date of the People's Procuratorate's examination and prosecution of a case, a defense attorney may inspect, excerpt, or copy the case's procedural documents and technical appraisal materials, and may meet with and communicate with criminal suspects in custody. Other defense counsel, with the permission of the people's procuratorate, may also inspect, excerpt and copy the above materials, and meet and correspond with criminal suspects in custody. At the trial stage, the defense counsel may inspect, excerpt and copy materials concerning the facts of the crime charged in the case, and may meet and correspond with the defendant in custody. Other defenders, with the permission of the people's court, may also inspect, excerpt and copy the said materials, and meet and correspond with the defendant in custody. The litigation documents in this case refer to the decision to file a case, the legal instrument on the adoption of compulsory measures, the wanted notice and the indictment opinion, and so on. Technical appraisal materials are the appraisal conclusions. The so-called materials of the alleged criminal facts of the case, according to the relevant provisions of the Criminal Procedure Law, the case of private prosecution shall refer to the pleadings of criminal private prosecution and relevant evidence; if the people's procuratorate does not prosecute, and the victim sues to the people's court, the case file transferred by the people's procuratorate to the people's court shall also be allowed to be inspected; and the case of public prosecution shall refer to the indictment with clear allegation of the criminal facts, the catalog of related evidences, the list of witnesses, and the photocopies of major evidences or photographs, etc. Copies of major evidence or photographs are those that are decisive for the conviction and sentencing of the case.3. The right to investigate and obtain evidence. According to Article 37 of the Criminal Procedure Law, the defense lawyer, with the consent of the witnesses or other relevant units and individuals, may collect from them materials related to the case, or may apply to the people's procuratorate or the people's court to collect and retrieve evidence. Defense counsel may, 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 of the witnesses provided by the victim, collect from them materials relevant to the case. Other defenders do not have this right.4. The right to present defense opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate, in examining a case, shall hear the opinion of the person entrusted by the criminal suspect. In other words, the defender commissioned 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 shall hear them.5 At the trial stage of a case, the defender has the right to be notified by the people's court of his or her appearance in court no later than three days prior to the commencement of the trial.6 The right to take part in the court's investigations and court debates. According to the relevant provisions of the Criminal Procedure Law, in the court investigation stage, the defendant may, with the permission of the presiding judge, question the defendant after the public prosecutor has questioned the defendant; with the permission of the presiding judge, he or she may question witnesses and experts; in the course of the court hearing, the defendant shall have the right to apply for the attendance of new witnesses, to call new exhibits, and to apply for reappraisal or examination. The court debate stage, the defense can comment on the evidence and the case and can debate with the prosecution. 7, with the consent of the defendant, the right to appeal. The criminal procedure law provides that the defendant's defense, with the consent of the defendant, can appeal. That is to say, with the consent of the defendant, the defender has the right to appeal a judgment or decision of the first instance that has not yet become legally effective. 8. If the people's courts, people's procuratorates and public security organs take coercive measures that exceed the legal time limit, the defender has the right to request that the coercive measures be lifted. Article 75 of the Criminal Procedure Law provides that criminal suspects, defendants and their legal representatives, close relatives or lawyers appointed by the criminal suspects or defendants and their defenders shall have the right to request that compulsory measures be lifted if the people's courts, people's procuratorates or public security organs have taken compulsory measures that exceed the legal time limit. The people's court, the people's procuratorate or the public security organs shall release a criminal suspect or defendant whose compulsory measures have exceeded the legal time limit, release him from bail, or release him from residential surveillance, or change the compulsory measures in accordance with the law. 9. The right to refuse to provide a defense. According to the provisions of the criminal procedure law and the lawyers law, there are two kinds of refusal to defend: one is the criminal suspect, the defendant refuses to defend the defendant to continue to defend; the other kind of refusal to defend refers to the defender has legal reasons to no longer defend the criminal suspect, the defendant's behavior. Article 29, paragraph 2 of the lawyers law stipulates: after accepting a commission, a lawyer shall not refuse to defend or represent without a justifiable reason, but if the commission is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer shall have the right to refuse to defend or represent.10. Representing the criminal suspect or defendant in filing a complaint.11. The personal rights of the defender in the lawful practice of law are not to be infringement. A person who is not a lawyer may also act as a defender and litigation agent in criminal cases in accordance with the law, provided that he or she complies with the provisions of Article 32 of the Criminal Procedure Law. In addition to exercising their own right to defense, criminal suspects and defendants may appoint one or two persons to act as their defenders.