Lawyers can defend their loved ones

Lawyers can defend their loved ones, according to the provisions of our laws, citizens can defend themselves or based on the defense of other people, and therefore can be entrusted as a lawyer's loved ones for the judicial defense. In the process of defense, as the relatives of the defenders should strictly abide by the relevant provisions of the law, within the scope of the law to carry out legal defense behavior.

A lawyer for the relatives of the defense?

The defender can be a lawyer, or people's organizations or suspects, the defendant's unit recommended, but also suspects, the defendant's guardian, relatives and friends. But the appointed defense can only be a lawyer. The defender has an independent litigation status, he is neither subordinate to the suspect, the accused, nor subordinate to the people's procuratorate and the people's court. The responsibility of the defender is based on the facts and the law, put forward to prove the innocence of the suspect, the defendant, or mitigation, exemption from criminal responsibility of the materials and opinions, to safeguard the lawful rights and interests of the suspect, the defendant.

The Chinese People's **** and the State Criminal Procedure Law

Article 32 of the mode of defense and the scope of the defendant criminal suspects, defendants, in addition to the exercise of their own right to defense, but also can be entrusted to one or two people as a defender. The following persons may be entrusted as defenders:

(1) lawyers;

(2) people's organizations or the suspect's or defendant's unit recommended by the people's organizations;

(3) guardians, relatives and friends of the suspect or defendant.

A person who is being executed a sentence or deprived or restricted of personal freedom according to law shall not act as a defender.

Two, the legal basis

The Supreme People's Court Interpretation of the Criminal Procedure Law (Legal Interpretation 〔1998〕 No. 23 September 2, 1998 issued September 8, 1998 shall come into force)

Article 33 of the People's Courts to try the case, the defendant shall be fully guaranteed to exercise the rights of defense as provided for in Article 32 of the Criminal Procedure Law. The right to defense. However, the following persons may not be entrusted to act as defenders:

(1) Persons who have been given a suspended sentence or whose sentence has not yet been executed;

(2) Persons who have been deprived of or restricted in their personal freedom in accordance with the law;

(3) Persons who are incapable of or restricted in their capacity to act;

(4) Persons who are currently serving in a People's Court, a People's Procuratorate, a public security organ, a state security organ, or a prison;

(5) People's assessors of the Court;

(6) Persons who are not serving in a People's Procuratorate, a public security organ, a state security organ, or a prison; or People's assessors of the Court;

(vi) Persons who have an interest in the outcome of the case;

(vii) Foreigners or stateless persons.

Paragraph (4), (5), (6), (7) of the preceding paragraph, if the defendant's close relatives or guardians, entrusted by the defendant to act as a defender, the people's court may allow.

Article 34 lawyers, people's organizations, the defendant's unit recommended by the citizens, as well as the defendant's guardian, relatives and friends, was entrusted as a defender, the people's court shall verify their identity and defense power of attorney.

Article 35 of a defendant entrusted to the defense shall not exceed two. In the case of *** with the crime, a defender shall not defend more than two defendants in the same case.

Article 47 of the parties to appoint a litigation agent shall refer to Article 32 of the Criminal Procedure Law and the provisions of Article 33 of this explanation.

In general, the defense in litigation cases are lawyers. In fact, citizens can also by themselves for their own defense, but because the application of the law is more difficult, if there is no professional legal knowledge, generally lead to errors in the application of the law, resulting in irregularities, the lawyer for the defense can be effective on the defense behavior.