How do family members of criminal cases apply for defenders?

In criminal cases, while the defendant is in custody, the defendant's family may apply for entrusting a defender.

According to the relevant regulations, family members can apply in writing to entrust a lawyer or orally, but if they submit it orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted. If the criminal suspect only asks to entrust a defense lawyer without mentioning the specific object, the case-handling department shall promptly notify the guardian and close relatives of the criminal suspect to entrust a defense lawyer on his behalf. If the criminal suspect has no guardian or close relative, the case-handling department shall promptly notify the local lawyers association or the judicial administrative organ to recommend a defense lawyer for him.

The conditions of defenders mainly include the following points:

1, a lawyer who is legally qualified and registered.

2, recommended by people's organizations or criminal suspects and defendants.

3. Guardians, relatives and friends of criminal suspects and defendants.

4. A person who is sentenced to punishment according to law or deprived or restricted of personal freedom shall not act as a defender.

5. A person who has been dismissed from public office or whose practicing certificate as a lawyer or notary has been revoked shall not act as a defender unless he is a guardian or close relative of a criminal suspect or defendant.

To sum up, families of criminal cases who apply to be defenders need to follow the provisions of the Criminal Procedure Law, submit applications and relevant supporting materials, and may need the assistance of professional lawyers.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 32

A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their 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.