What does Article 32 of the Criminal Procedure Law stipulate? The provisions of the Criminal Procedure Law stipulate a series of proceedings to better promote the implementation of criminal law. Jud

What does Article 32 of the Criminal Procedure Law stipulate? The provisions of the Criminal Procedure Law stipulate a series of proceedings to better promote the implementation of criminal law. Judicial organs can only promote the country's judicial justice if they comply with the criminal procedure law. Many people don’t know what Article 32 of the Criminal Procedure Law stipulates. Article 32 mainly stipulates that criminal suspects have the right to defend themselves and entrust a lawyer to defend themselves. 1. What does Article 32 of the Criminal Procedure Law stipulate? Article 32 Self-defense and entrusted defense Criminal suspects and defendants, in addition to exercising their right to defend themselves, may also entrust one or two people to serve as defenders. The following people may be entrusted as defenders: (1) Lawyers; (2) People recommended by people's organizations or the unit where the criminal suspect or defendant works; (3) Guardians, relatives and friends of the criminal suspect or defendant. Persons who have been sentenced to a criminal penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders. This article stipulates that criminal suspects and defendants have the right to defend themselves or entrust others to defend themselves. Self-defense refers to the defense of criminal suspects and defendants. According to this article, criminal suspects and defendants may exercise their right to defense on their own, or they may choose one or two people recommended by lawyers, people's organizations, or the criminal suspect, defendant, guardian, relatives, and friends to defend themselves. In addition, the law prohibits persons who are being punished or who have been deprived or restricted of their personal freedom according to law from serving as defenders. This is mainly due to the fact that hiring such a person to defend will affect the strict enforcement of judgments and decisions. Moreover, I have been deprived of or restricted my personal freedom, and it is objectively difficult to fully exercise my rights as a defender to defend the client. two. Relevant provisions of Articles 33-35 and 320 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China" and Articles 316 and 317 of the "Criminal Procedure Rules of the People's Procuratorate" are criminal suspects and defendants. legal rights. According to my country's Criminal Procedure Law, Article 32 of the Criminal Procedure Law for Criminal Suspects stipulates that the following people can be entrusted as defenders: (1) Lawyers; (2) People recommended by people's organizations or the unit where the criminal suspect or defendant works; (3) Guardians, relatives and friends of criminal suspects and defendants. However, the specific meaning of “relatives and friends” and who can be recognized as “relatives and friends” are not clearly defined in this Law and other laws and regulations. Specifically, it is very important to clarify the specific meaning of "relatives and friends", which affects who can serve as the defender of criminal suspects and defendants, and how criminal suspects and defendants exercise their right to defense. Since the law stipulates that "relatives and friends" can serve as defenders, it means that "non-relatives and friends" cannot serve as defenders unless they meet other identity conditions stipulated in Article 32 of the Criminal Procedure Law. Literally, "relatives and friends" includes relatives and friends. Who are those relatives and friends? This is another issue that needs to be addressed. Furthermore, only by clarifying the specific meaning of “relatives and friends” can we better exclude people who are not qualified as defenders. It is worth mentioning that Article 37 of the "Interpretation of Criminal Procedure" formulated by the Supreme People's Court stipulates that if a relative or friend is entrusted as a defender, the People's Court shall verify his or her identity certificate and power of attorney. This provision is undoubtedly a difficult problem for courts across the country. Since the specific meaning of "relatives and friends" has not been clearly defined, how to verify the identity of "relatives and friends" is undoubtedly not feasible and may easily cause controversy. In summary, in order to avoid disputes in judicial practice and better regulate the exercise of the defense rights of criminal suspects and defendants, it is recommended that relevant parties clarify the meaning of "relatives and friends" in Article 32 of the Criminal Procedure Law.