1. How does the defendant's family apply for defense?
Relatives of the defendant can become defenders of the defendant, as long as the criminal suspect writes a criminal entrusted defender agreement. Article 32 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.
2. Which defendants should the court appoint as defenders?
1 Article 36 If the defendant has not entrusted a defender, the people's court shall appoint a defender for him under any of the following circumstances:
People who are blind, deaf, dumb or have limited capacity;
(two) minors under the age of eighteen at the time of hearing;
(3) Persons who may be sentenced to death.
2, the defendant did not entrust a defender and has one of the following circumstances, the people's court may appoint a defender for him:
(a) meet the standards of economic difficulties stipulated by the local government;
(two) I really have no source of income, family economic situation can not be ascertained;
(three) I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion;
(4) In the same criminal case, other defendants have entrusted defenders;
(5) Having foreign nationality;
(6) Cases with significant social impact;
(seven) the people's court believes that the procuratorial opinions and the transferred case evidence materials may affect the correct conviction and sentencing.
If the defendant refuses the defender to defend him, the people's court may allow it.
Defendants defend themselves, because they don't know much and their actions are limited, and the effect is often not very good. Lawyers can consult files, investigate and collect evidence. It should be said that lawyers are better as defenders.
It is the duty and obligation entrusted to defenders by law to put forward defense opinions for criminal suspects and defendants according to facts and laws, and to safeguard their legitimate rights and interests. Here, we should pay attention to prevent two tendencies. First, we believe that defenders defend criminal suspects and defendants, stand in the position of criminals, speak for criminals, exonerate them, and interfere with judicial organs in cracking down on criminal activities.
If the defendant's family members think that they can help the defendant to alleviate or even return to society in the name of innocence, they can ask the defendant to write a document directly, indicating that they are willing to accept the entrustment of their relatives. After the application is accepted by the court and the procuratorate, they can formally prepare the defense work, and finally only need to conduct the normal defense process in court.