First, can I be a lawyer when I am in administrative detention?
You can hire a lawyer if you are detained overnight in administrative detention. Article 7 of the Lawyers Law of People's Republic of China (PRC) shall not issue a lawyer's practice certificate if the applicant is under any of the following circumstances:
(1) Having no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice certificate revoked.
Second, who can't be criminal defense lawyers?
According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the following persons cannot act as defenders:
First, people whose probation and punishment have not been completed. Including those who have been convicted by the court and are serving their sentences in prisons or other execution places; A person who has been convicted by the court and is being executed outside prison; A criminal who has been declared on probation or parole; People who are not deprived of personal freedom, but are being controlled and deprived of political rights; A person whose personal freedom is not restricted but whose fine has not been executed.
Second, people who are deprived or restricted of personal freedom according to law. Including: people who have been taken compulsory measures according to law in criminal proceedings; Disturbing the order of criminal, civil and administrative proceedings and being arrested and detained according to law; Violating the regulations on administrative penalties for public security and being detained according to law; Other persons deprived or restricted of personal freedom according to law.
Third, people with no capacity and people with limited capacity.
Fourth, people's courts, people's procuratorates, public security organs, state security organs and prisoners.
Fifth, the people's jurors in our hospital.
Sixth, people who have an interest in the outcome of this case. Including those involved in criminal activities of criminal suspects and defendants.
Seventh, foreigners or stateless persons.
However, the people's court may allow the persons listed in items 4 to 7 above to be close relatives or guardians of the defendant and be entrusted by the defendant to act as defenders. This is because the defendant's close relatives and guardians may know the defendant's situation best and can provide the most powerful defense.
It can be seen that the record of administrative detention does not affect the parties. A lawyer is a lawyer and should have a lawyer's professional certificate. When you take the lawyer's professional certificate, you will check the personal files of the parties. If there is a criminal record, the lawyer's practice certificate will no longer be issued.