1. Can relatives defend themselves in criminal cases?
Yes, Article 32 of the Criminal Procedure Law stipulates that a criminal suspect or defendant may entrust one or two people as defenders in addition to exercising the right of defense. 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.
Second, the basic content of the right to defense
The right of defense is the most basic and core litigation right enjoyed by criminal suspects and defendants. The right of defense of criminal suspects and defendants generally includes:
(1) The right of presentation. When interrogating the defendant, give him the opportunity to state and defend himself.
(2) the right of cross-examination. The right of criminal defendants to ask questions to witnesses and expert witnesses during the trial.
(3) the right to apply for investigation of evidence. A criminal defendant may apply to the court for obtaining evidence and calling witnesses, and an expert witness also has the right to ask for confrontation with other defendants.
(4) the right to debate. Criminal defendants have the right to debate on facts and laws, the probative force of evidence and procedural issues.
(5) choose to defend human rights. Criminal suspects and defendants have the right to entrust defenders to provide legal assistance and defend themselves.
(6) the right to relief. If a criminal defendant refuses to accept the court's judgment or ruling, he has the right to obtain relief.
(7) the right to withdraw the application. In order to prevent judicial personnel with reasons for withdrawal from affecting the fair handling of cases, the defendant is given the right to apply for withdrawal as a relief.
Third, the types and ways of defense
Criminal defense is generally divided into justifiable defense, entrusted defense and designated defense. The so-called self-defense is the self-defense of the criminal suspect and the defendant. This kind of defense runs through the whole process of criminal proceedings. No matter in the investigation stage or the trial stage, the defendant can defend himself. Self-defense is a very effective and frequently used defense method. Entrusted defense means that a criminal suspect or defendant signs an entrusted contract with a person permitted by law, and others defend themselves. Other people here can be lawyers or other citizens. Compared with self-defense, entrusted defense is more conducive to the full exercise of the right of defense by criminal suspects and defendants, thus becoming the most important defense method in modern criminal proceedings. Designated defense means that under certain circumstances stipulated by law, the court appoints a defense lawyer to defend the defendant who has not entrusted a defender.
If the relatives of the criminal suspect happen to be lawyers, there is no restrictive condition for not acting as defenders, and it is also most appropriate to defend the criminal suspect in person. The judicial department is not qualified to deprive criminal suspects of their right to defense because of their actions, but some basic rights of defenders in criminal cases are often not respected because of the lack of clear legislative protection.