Legal analysis: The lawyer’s criminal defense statement can be shown to the family members, or the family members’ opinions can be sought in advance. However, lawyers have the right to defend independently and do not necessarily have to defend according to the family’s defense opinions.
Legal basis: "Criminal Procedure Law of the People's Republic of China and the State"
Article 37 The defender's duty is to present criminal suspects and defendants based on facts and law. Materials and opinions on innocence, minor crime, reduction or exemption from criminal liability, and safeguarding the litigation rights and other legitimate rights and interests of criminal suspects and defendants.
Article 38 During the investigation period, defense lawyers may provide legal assistance to criminal suspects; represent them in appeals and accusations; apply for changes in compulsory measures; and learn from the investigative agencies about the suspect’s alleged crimes and related circumstances. , put forward opinions.
Article 39: Defense lawyers may meet with and communicate with criminal suspects and defendants in custody. Other defenders may also meet with and communicate with criminal suspects or defendants in custody with the permission of the People's Court or People's Procuratorate. If a defender requests to meet with a criminal suspect or defendant in custody with a lawyer's practicing certificate, law firm certificate, power of attorney or official legal aid letter, the detention center shall arrange the meeting in a timely manner, no later than 48 hours. In cases of crimes endangering national security and terrorist activities, if defense lawyers meet with criminal suspects in custody during the investigation, they must obtain permission from the investigation agency. In the above circumstances, the investigation agency shall notify the detention center in advance. Defense lawyers can meet with criminal suspects and defendants in custody to learn about the case, provide legal advice, etc.; from the date the case is transferred for review and prosecution, they can verify relevant evidence with criminal suspects and defendants. Defense lawyers' meetings with criminal suspects and defendants are not monitored. If a defense lawyer meets or communicates with a criminal suspect or defendant during residential surveillance, the provisions of paragraphs 1, 3, and 4 shall apply.