Paragraph 3 of Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that if a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates:
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. 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.
Extended data:
The law gives criminal suspects and defendants the litigation right to make statements, defend themselves, refute charges and prosecute according to facts and laws, put forward materials and opinions to prove their innocence or light crimes, and safeguard their legitimate rights and interests.
The establishment and exercise of the right of defense, its task and purpose is to refute accusations, put forward materials and opinions in favor of criminal suspects and defendants according to facts and laws, and demonstrate that criminal suspects are innocent, have a light crime or should be given a lighter, mitigated or exempted punishment.
The types of criminal defense in China are:
Self-defense: refers to the self-defense of criminal suspects and defendants.
Entrusted defense: refers to the signing of an entrusted contract between a criminal suspect and a defendant and a person permitted by law, who is represented by others.
Designated defense: refers to a case under special circumstances stipulated by law. The court appoints a defense lawyer to defend the defendant who has not entrusted a defender.
Reference resource source:
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law
Baidu encyclopedia-right of defense