Who is the defender in criminal proceedings?
(1) Lawyers;
(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;
(3) Criminal suspects , the defendant’s guardian, relatives and friends.
Article 35 of the Supreme People’s Court’s Interpretation of the Criminal Procedure Law: When hearing cases, the People’s Court shall fully protect the defendant’s right to defense in accordance with the law.
In addition to exercising the right to defend, the defendant may also entrust a defender to defend himself. The following persons are not allowed to serve as defenders:
(1) People who are being executed or within the probation period of probation or parole;
(2) People who have been deprived or restricted of personal freedom in accordance with the law ;
(3) Persons with no capacity for conduct or persons with limited capacity for conduct;
(4) Current employees of the People’s Court, People’s Procuratorate, public security organs, national security organs, and prisons;< /p>
(5) People's assessors;
(6) People who have an interest in the outcome of the trial of this case;
(7) Foreigners or stateless persons.
If the persons specified in items 4 to 7 of the preceding paragraph are the defendant's guardian or close relative and are entrusted by the defendant to serve as a defender, permission may be granted.
Article 36: Judges and other staff of the People's Court shall not serve as defenders within two years after leaving the People's Court.
After leaving the People's Court, judges and other staff of the People's Court shall not serve as defenders in cases heard by the original court, except for those who serve as guardians or close relatives of the defendant.
The spouses, children or parents of judges and other staff of the People's Court shall not serve as defenders in cases heard by the courts where they are located, except for those who serve as guardians or close relatives of the defendant.
Article 37 If a person recommended by a lawyer, a people's organization, the defendant's employer, or the defendant's guardian, relatives or friends is entrusted as a defender, the people's court shall verify his identity certificate and power of attorney.
Article 38 The defendant may entrust one or two people as defenders.
Defenders shall not defend two or more co-defendants or defendants who have not been dealt with in the same case but whose criminal facts are related.
Article 39: If the defendant fails to appoint a defender, the people's court shall inform him or her of the right to appoint a defender within three days from the date of accepting the case; if the defendant fails to appoint a defender due to financial difficulties or other reasons, They should be informed that they can apply for legal aid; if the defendant is in a situation where legal aid should be provided, he should be informed that the legal aid agency will be notified to appoint a lawyer to defend him in accordance with the law.
Notification may be oral or written.
The above is our legal solution for criminal litigation defenders. From the above content, we can know that there are people recommended by lawyers, people's organizations or the unit where the criminal suspect or defendant works, or the guardians, relatives and friends of the criminal suspect or defendant. If you have any further questions, please come to us for legal advice.