1. Who can entrust a criminal defense lawyer?
1, the suspect or the defendant himself;
2. The legal representative of the criminal suspect or defendant ("legal representative" refers to the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection);
3. Close relatives of criminal suspects and defendants ("close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters);
4. The person entrusted by the criminal suspect or defendant;
5. Designated by the people's court.
Second, the legal basis
Criminal procedure law
Article 33 A criminal suspect or defendant may, in addition to exercising the 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.
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.
Article 34 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. 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. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
In judicial practice, it is very common for defense lawyers to defend clients legally. Before judicial defense, the parties should clearly identify the relevant circumstances of the case with the defense lawyer, such as the identification of criminal facts, the defense of misdemeanor or innocence, and the defense lawyer needs to deal with it legally and reasonably according to the actual situation.