Key points of application for relatives' defenders

Legal analysis: applying for relatives' defense requires the defendant to write an agreement to entrust a defender. As for the scope entrusted by defenders, including guardians, relatives and friends, etc., they can all become defenders, but it is best for people with a certain legal basis to serve as defenders and help handle cases. The agreement system of entrusting a defender needs to clarify the basic information such as the client's name, gender, age and position. Indicate the scope of authorization, indicate the authority of the entrusted agent in the process of litigation, whether there is the right to give up and admit the claim, whether there is the right to counterclaim, whether there is the right to reconciliation, etc. If it is not specified, it is considered that it does not have these specific rights, but only has the right to appeal. If a contract is signed, it should be clear under what conditions and within what scope the contract is valid, and beyond this scope it is invalid.

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