According to the provisions of the Criminal Procedure Law, a criminal suspect may entrust others to defend himself during the review and prosecution by the people's procuratorate and the trial by the people's court. There are two ways for criminal suspects to exercise their right of defense in criminal proceedings, one is self-defense and the other is entrusted defense. Self-defense is the reason and basis for the criminal suspect to defend the accused criminal act and put forward that he is innocent, light or should be given a lighter, mitigated or exempted punishment. Entrusted defense is the reason and basis for the criminal suspect to entrust others to defend himself, and the defender puts forward that he is innocent, the crime is light or should be given a lighter, mitigated or exempted punishment. While entrusting others to defend themselves, criminal suspects still enjoy the right to defend themselves. According to the provisions of the Criminal Procedure Law, a criminal suspect may entrust the following persons as defenders: 1. Lawyer. Lawyers are legal service personnel who are qualified as lawyers according to national laws and are conducting lawyer business. Lawyers can be divided into full-time lawyers and part-time lawyers. Both full-time lawyers and part-time lawyers can be entrusted as defenders. It should be noted here that people with lawyer qualification are different from those who have lawyer qualification and are practicing lawyer business. After passing the national unified examination for lawyer qualification, the judicial administrative department of the State Council can grant him the lawyer qualification. However, those who have obtained the lawyer qualification can only engage in lawyer business after applying and being issued a lawyer practice certificate by the judicial administrative department. Although he has obtained the qualification as a lawyer, he cannot engage in business in the name of a lawyer without obtaining a lawyer's practice certificate. The law also stipulates that the current staff of state organs shall not concurrently serve as practicing lawyers, and lawyers shall not practice while serving as members of the standing committees of people's congresses at all levels. 2. People's organizations or personnel recommended by the unit where the criminal suspect or defendant belongs. The "people's organizations" mentioned here mainly refer to the Communist Youth League, trade union organizations and women's federations. People's organizations or persons recommended by the unit where the criminal suspect or defendant belongs shall not serve as lawyers. 3. Guardians, relatives and friends of criminal suspects and defendants. The "guardian" mentioned here is mainly aimed at the parents of minors. According to the law, parents of minors are legal guardians of minors. If the parents of minors are incapable of guardianship or die, their grandparents or brothers and sisters may act as guardians. What is "relatives and friends" is not clearly defined in the Criminal Procedure Law. According to the general understanding, relatives and friends are relatives and friends. According to the law, criminal suspects and defendants can choose their guardians and other relatives and friends as their defenders in addition to lawyers, and can fully exercise their right to defense according to their own circumstances. To sum up, criminal suspects can choose defenders among the above three types of personnel according to their own situation. A criminal suspect may entrust one or two people as defenders. In other words, each criminal suspect can only choose one or two of the above three types of personnel as his own defender, mainly considering that the defender will appear in court for defense activities. As long as it is conducive to safeguarding the legitimate rights and interests of criminal suspects, defenders can collect and express defense opinions on behalf of defendants in court. If a criminal suspect entrusts a defender, both parties shall sign a power of attorney. If the agreement is consistent, both parties shall sign or seal it, and then the people's procuratorate and the people's court shall verify the identity and power of attorney of the defender, so that the defender can carry out defense activities and perform his duties according to law. The Criminal Procedure Law also imposes some restrictions on the criminal suspects' entrusting defenders. According to the provisions of the Criminal Procedure Law, the following persons cannot act as protectors: 1. The person subjected to execution shall not act as a defender. For example, if the people's court has sentenced public surveillance, criminal detention, fixed-term imprisonment, life imprisonment or deprivation of political rights according to law, it may not entrust a defender before the punishment is completed. In addition, a person sentenced to criminal detention, fixed-term imprisonment of not more than three years or suspended sentence shall not be entrusted as a protector. 2. Other persons who are deprived of personal freedom or restricted according to law shall not act as defenders. Except for those who are being executed, those who are being detained by public security, re-educated through labor, released on bail pending trial, under residential surveillance or subjected to compulsory measures such as criminal detention and arrest according to law cannot be entrusted as defenders because their personal freedom is deprived or restricted and they are involved in the investigation, investigation and handling of cases. In addition, according to the provisions of the Supreme People's Court and the Supreme People's Procuratorate on judicial interpretation, persons with incapacity, persons with limited capacity, foreigners and stateless persons may not be entrusted as defenders. People who have an interest in the trial results of this case, serving personnel of people's courts, people's procuratorates, public security organs, state security organs and prisons, who are not close relatives or guardians of criminal suspects, may not be entrusted as defenders.
Legal objectivity:
Article 33 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may 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. A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.