Article 41 Where an agent ad litem entrusts an agent ad litem, it shall be implemented with reference to the provisions of Article 32 of this Law. Article 32 Self-defense and entrusted defense A criminal suspect or defendant may, in addition to exercising his right of defense, 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. This article stipulates that criminal suspects and defendants have the right to defend themselves or entrust others to defend themselves. Self-defense means that criminal suspects and defendants defend themselves. According to the provisions of this article, criminal suspects and defendants can exercise their right to defense by themselves, or they can choose one or two people recommended by lawyers, people's organizations or criminal suspects, defendants, guardians, relatives and friends to defend themselves. In addition, the law prohibits people who are being punished by criminal punishment or who are deprived or restricted of personal freedom according to law from acting as defenders. This is mainly considering that hiring such a person to defend will affect the strict implementation of judgments and decisions. And I have been deprived or restricted of personal freedom, so it is objectively difficult to fully exercise my rights as a defender and defend my client.
Legal objectivity:
Article 382 of the Criminal Law of People's Republic of China (PRC) 68 Any state functionary who embezzles, steals, swindles or illegally occupies public property by other means by taking advantage of his position shall be punished as corruption. Personnel entrusted by state organs, state-owned companies, enterprises, institutions and people's organizations to manage state-owned property embezzle, steal, defraud or illegally occupy state-owned property in other ways by taking advantage of their positions, which is regarded as corruption. Whoever colludes with the personnel listed in the preceding two paragraphs and colludes with corruption shall be punished as a * * * offender. Article 271 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law. Article 383 of the Criminal Law of People's Republic of China (PRC) 68 Whoever commits the crime of corruption shall be punished in accordance with the following provisions according to the seriousness of the case: (1) If the amount of corruption is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined. (2) If the amount of corruption is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined or confiscated. (3) If the amount of corruption is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; If the amount is especially huge and the interests of the state and the people suffer particularly heavy losses, they shall be sentenced to life imprisonment or death, and their property shall be confiscated. If repeated corruption is not handled, it shall be punished according to the accumulated amount of corruption. Whoever commits the crime mentioned in the first paragraph, truthfully confesses his crime before initiating public prosecution, sincerely repents, and actively returns stolen goods to avoid or reduce the occurrence of damage. Under the circumstances specified in the first paragraph, the punishment may be lightened, mitigated or exempted; In the case of the second and third provisions, a lighter punishment may be given. If a person commits the crime mentioned in the first paragraph and is sentenced to a suspended sentence under the circumstances specified in the third paragraph, the people's court may, according to the circumstances of the crime, at the same time decide to reduce his death sentence to life imprisonment after the expiration of the two-year suspension of execution, without commutation or parole.