A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, he can only entrust a lawyer as a defender:
1. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender;
2. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it;
3. If a criminal suspect or defendant is in custody, his guardian or near relative may entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
Lawyers can engage in the following businesses:
1. Accept the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
2, accept the entrustment of the parties in civil cases and administrative cases, as agents, to participate in litigation;
3. Accept the entrustment of criminal suspects and defendants in criminal cases or the assignment of legal aid agencies as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives as agents and participate in litigation;
4. Accept the entrustment and represent the complaints of various litigation cases;
5. Accept the entrustment and participate in mediation and arbitration activities;
6. Accept the entrustment to provide non-litigation legal services;
7. Answer legal advice and write litigation documents and other documents related to legal affairs.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. 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.