According to the provisions of the Criminal Procedure Law and related interpretations, minors are persons without capacity for civil conduct, so minors cannot serve as defenders.
Criminal Procedure Law of the People's Republic of China
Article 32 In addition to exercising the right to defend, criminal suspects and defendants may also entrust one or two people as defenders. The following people can be entrusted as defenders:
(1) Lawyers;
(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;
(3) Guardians, relatives and friends of criminal suspects and defendants.
Persons who have been sentenced to a penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders.
Interpretations of the Supreme People's Court on Several Issues Concerning the Implementation of the "Criminal Procedure Law of the People's Republic of China"
Article 33: During the trial of a case, the people's court shall fully ensure that the defendant exercises The right of defense stipulated in Article 32 of the Criminal Procedure Law. However, the following persons shall not be entrusted as defenders:
(3) Persons without capacity or with limited capacity;
2. What are the rights and obligations of criminal defenders?
1. Rights of defenders
(1) The right to be entrusted as a defender.
(2) The right to access, excerpt, and copy case materials and the right to meet and communicate.
Article 36 of the "Criminal Procedure Law" stipulates: "From the date when the People's Procuratorate examines the prosecution case, the defense lawyer may consult, extract, and copy the litigation documents and technical appraisal materials of the case, and may With the permission of the People's Procuratorate, other defenders may also review, extract, and copy the above materials. Since the People's Court accepts the case, defense lawyers may also review, extract, and copy the materials. Materials alleging criminal facts in this case can be met and communicated with the defendant in custody.
(3) The right to investigate and collect evidence.
This is the right of the defense lawyer. Other defenders do not have this right. .
2. Defender’s Obligations
Defense lawyers can provide materials and opinions to prove the innocence of criminal suspects and defendants, or reduce or exempt them from criminal liability based on facts and law. , to protect their legitimate rights and interests. However, defense lawyers shall not help criminal suspects or defendants conceal, destroy, forge evidence or collude with each other, nor may they threaten or induce witnesses to change their testimony or commit perjury, or engage in other acts that obstruct the judicial process.
3. What rights do minors have?
1. The right to life and health.
2. The right to personal freedom. The person's personal freedom is inviolable. It is prohibited to illegally detain, deprive or restrict the personal freedom of minors and illegally search the person.
Minors have the right to name and have the right to decide, use and. Change your name in accordance with the regulations, and prohibit interference, abuse and counterfeiting.
4. The portrait on the right has the right of portrait, and its portrait cannot be used for profit without its consent.
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5. The right of reputation. Minors have the right to reputation, and their personal dignity is protected by law. It is prohibited to damage the reputation of minors by insulting or slandering.
6. The right of honor. Minors have the right to honor and are prohibited from illegally depriving them of their honorary titles.
7. Property ownership. The state protects the ownership of minors’ legitimate income, savings, houses and other legitimate property. Misappropriation, robbery, destruction or illegal investigation, seizure, freezing or confiscation.
8. Minors have the right to inherit legal property and are protected by law. .Copyright. Minors enjoy copyright (copyright) and have the rights to sign, publish, publish and receive remuneration in accordance with the law.
10. Patent rights. Minors enjoy patent rights in accordance with the law. protected.
11. The right to criticize, suggest, appeal, accuse and report. Minors have the right to criticize, make suggestions, complain, accuse and report all state work and state personnel.
12. The right of state compensation. Minors have the right to obtain domestic compensation in accordance with the law.
13. Freedom of religious belief. Minors have freedom of religious belief.
14. The right to freedom of national customs. The ethnic customs and habits of minors are protected in accordance with the law.