1. The right to defense is the basic right of every citizen, everyone, every criminal suspect and every defendant. According to the law, the parties can exercise their right to defense by themselves, or they can entrust lawyers and other citizens permitted by law to defend on their behalf.
2. The right to defense is a basic right of criminal suspects and defendants, and it is also a basic constitutional right. In fact, the right of defense is not only the right of criminal suspects and defendants, but also the basic right of every citizen and everyone, because theoretically, everyone may be accused of a crime, so everyone needs and enjoys the right of defense.
3. According to Article 33 of the Criminal Procedure Law of People's Republic of China (PRC), criminal suspects and defendants can entrust one or two people 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.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Extended data
1. Defenders have the right to defend independently according to facts and laws. Defenders defend independently according to their own facts and understanding of the law, and any other organ, including the people's court, the people's procuratorate, or any group or individual, has no right to interfere.
2. The right to meet and communicate. According to the provisions of Article 36 of the Criminal Procedure Law, defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people's procuratorate examines and prosecutes the case, and can meet and communicate with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
3. Right to investigate and collect evidence. According to Article 37 of the Criminal Procedure Law, with the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to the case from them, or apply to the people's procuratorate or the people's court for collecting and obtaining evidence.
4. The right to state defense opinions. Article 139 of the Criminal Procedure Law stipulates that the people's procuratorate shall listen to the opinions of the person entrusted by the criminal suspect when examining the case. In other words, the defender entrusted by the criminal suspect has the right to defend the client at the stage of examination and prosecution. In this regard, the people's procuratorate should listen.
Reference source
Baidu encyclopedia-criminal defense
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law