At present, the law does not prohibit the relationship between lawyers and criminal suspects, so relatives of criminal suspects can act as lawyers to defend them. However, in the process of defense, it needs to be handled in accordance with the defense process. In the process of investigation, only lawyers can directly meet with criminal suspects in order to collect relevant evidence to defend the parties.
Defenders can be lawyers, people's organizations or units where criminal suspects and defendants work, or guardians, relatives and friends of criminal suspects and defendants. But only a lawyer can be appointed to defend. Defenders have independent litigation status and are not subordinate to criminal suspects or defendants, nor to people's procuratorates or people's courts. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant.
In order to ensure that lawyers can fully perform their duties in participating in litigation activities and effectively safeguard the legitimate rights and interests of criminal suspects and defendants, the law also gives lawyers the rights to collect and consult materials related to this case, meet and correspond with people whose personal freedom is restricted, and appear in court and participate in litigation. Lawyers' practice according to law is protected by law. Therefore, because the law does not prohibit the relationship between lawyers and criminal suspects at present, relatives of criminal suspects can act as lawyers to defend the suspects. Lawyers meeting with criminal suspects is not a private meeting, but a necessary procedure to perform their duties, which is allowed. At the same time, lawyers must abide by the Constitution and laws, abide by lawyers' professional ethics and practice discipline, and accept the supervision of the state, society and parties.
In the process of hearing a case, the people's court shall fully ensure that the defendant exercises the right of defense as stipulated in Article 32 of the Criminal Procedure Law. However, the following persons shall not be entrusted as defenders:
(a) was sentenced to probation, the sentence has not been executed;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Persons without capacity or persons with limited capacity;
(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;
(5) People's jurors in our hospital;
(6) People who have an interest in the trial result of this case;
(7) Foreigners or stateless persons.
The people's court may allow the person specified in items (4), (5), (6) and (7) of the preceding paragraph to be a close relative or guardian of the defendant and be entrusted by the defendant to act as a defender.
To sum up, lawyers are important participants in civil litigation and criminal cases. If a relative is a party to a case, he can also ask a lawyer to represent him, which is recognized by law. Of course, lawyers must represent relatives fairly and fairly, and cannot abuse power for personal gain.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 32 The mode of defense and the scope of defenders. In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two people 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.