Legal basis: Article 33 of the Criminal Procedure Law of the People's Republic of China. In addition to exercising their right to 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) 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 penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders. Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians or close relatives of criminal suspects or defendants.
Article 34 A criminal suspect has the right to entrust a defender from the first day of interrogation or compulsory measures taken by the investigation agency. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect or taking compulsory measures against him for the first time, the investigative agency shall inform him of the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The People's Court shall, within three days from the date of accepting the case, notify the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey the request. If a criminal suspect or defendant is in custody, his or her guardian or close relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.