The father of a criminal suspect cannot defend him as a lawyer, but he can defend him as a guardian or close relative of the criminal suspect. However, some defense rights are only enjoyed by lawyers, so it is suggested to hire other lawyers as defenders to protect the legitimate rights and interests of criminal suspects to the maximum extent.
According to the provisions of Article 32 of the Criminal Procedure Law, a criminal suspect or defendant may entrust one or two persons 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. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. At the same time, according to Article 4 of the Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Implementation of the Criminal Procedure Law, staff members of people's courts, people's procuratorates, public security organs, state security organs and prisons, people's jurors, foreigners or stateless persons, and people who have an interest in this case may not act as defenders. However, the above-mentioned persons are guardians or close relatives of the criminal suspect or defendant, and if the criminal suspect or defendant entrusts them as defenders, they may be allowed. A person without capacity or with limited capacity may not act as a defender. Therefore, the father of the criminal suspect can defend him as the guardian or close relative of the criminal hater.
At the same time, according to the provisions of the Measures for the Administration of Lawyers' Practice, lawyers are not allowed to act as agents for both parties in the same case, nor are they allowed to represent legal affairs that have conflicts of interest with themselves and their close relatives. Therefore, the father of the suspect cannot be the lawyer of his defender.
If you have any legal questions, please consult Macheng Law Group, a well-known lawyer team in Shenzhen, and we will wholeheartedly provide you with the most professional legal services.