Is it okay to defend relatives in court?

1. Can you defend your relatives in court?

1. It is ok to defend relatives in court. The main situations in which relatives can appear in court for defense are as follows:

(1) Family members may accompany them to defend in court, but there shall not be more than two;

(2) The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. Family members can defend the defenders of criminal suspects and defendants in court;

(3) Family members cannot defend unless they are defenders. It is the criminal suspect, the defendant himself and his entrusted defender who exercise the right of defense.

2. Legal basis: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)

The way of defense and the scope of defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people 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.

A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.

Second, what rights do defenders have in court?

The rights of defenders in court are as follows:

1. In the investigation stage, the entrusted lawyer can meet with the criminal suspect in custody, provide legal assistance to the criminal suspect, learn about the relevant case from the criminal suspect, and learn about the charges charged by the criminal suspect from the investigation organ;

2. Have the right to request the public security organ to cancel or change the compulsory measures against the defendant;

3. Defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials in this case from the date of case review and prosecution; The people's court may consult, extract and copy the criminal materials of the defendant in this case from the date of accepting the case. Other defenders may also enjoy the above rights with the permission of the people's procuratorate or the people's court;

4. With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case;

5. A defense lawyer may apply to the people's court or the people's procuratorate for collecting and investigating evidence, or apply to the people's court to notify witnesses to testify in court;

6. After the people's court decides to hold a hearing, it shall serve the notice on the defender at least three days before the hearing;

7. The right to express opinions, the right to entrust complaints and the right to refuse defense;

8. In court proceedings, defenders may, with the permission of the presiding judge, ask questions from witnesses and expert witnesses;

9. Defenders have the right to show physical evidence to the court and read out documents that can be used as court evidence;

10, with the permission of the presiding judge, the defender can argue with the public prosecutor, the victim, etc. ;

12. With the consent of the defendant, the defender may appeal against the judgment of first instance that has no legal effect.