In our country, not everyone can be a defender. Generally, except the suspect himself, lawyers, guardians, relatives and friends can serve as defenders. I. Who can be the entrusted defender Article 33 of the Criminal Procedure Law A criminal suspect or defendant may entrust one or two people 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. 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. Two. Main obligations of defenders 1. Defenders are obliged to put forward materials and opinions to prove the innocence and light crimes of criminal suspects and defendants or to reduce or exempt their criminal responsibilities according to facts and laws, and to safeguard the legitimate rights and interests of criminal suspects and defendants according to law. 2. When meeting a criminal suspect or defendant in custody, the regulations on places of detention shall be observed. 3. Observe the rules of the court when attending the court trial. 4. Without the permission of the people's procuratorate or the people's court, no materials related to this case may be collected from the victim or the witnesses provided by the victim. 5. Defense lawyers and other defenders shall not help criminal suspects and defendants to collude, conceal, destroy or forge evidence, and shall not threaten or induce witnesses to change their testimony or commit perjury or engage in other acts that hinder judicial procedures. Otherwise, legal responsibility shall be investigated according to law. Article 306 of the Criminal Law stipulates that in criminal proceedings, a defender who destroys or forges evidence, threatens or induces a witness to change his testimony of facts or commit perjury shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. 6. The defender shall present the material evidence to the court for the identification of the parties, and the transcripts of witness testimony and expert conclusions that have not appeared in court as evidence shall be read out in court. 7. If the evidence collected by the defender shows that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, he shall promptly inform the public security organ and the people's procuratorate. According to the provisions of the Lawyers Law, defense lawyers should also perform the following obligations in their practice activities: 1. Do not accept entrustment, collect fees from the client, accept the property of the client or take advantage of the convenience of providing legal services to accept the property of the other party; 2. In violation of regulations, he will not see a judge or prosecutor; 3. Do not invite guests to give gifts, do not pay bribes to judges, prosecutors and other relevant staff, and do not instigate or induce the parties to pay bribes; 4. Do not provide false evidence, conceal facts, or threaten or induce others to provide false evidence to conceal facts, and prevent the other party from obtaining evidence according to law; 5, shall not interfere with the normal proceedings; 6. Keep the state secrets and business secrets of the parties known in the performance of defense duties, and shall not disclose the privacy of the parties; 7. Lawyers who have served as judges and prosecutors may not serve as defenders within 2 years after leaving the people's courts and people's procuratorates; 8, must undertake the obligation of legal aid in accordance with the provisions of the state, due diligence, to provide legal services for the recipient; 9, without justifiable reasons, shall not refuse to defend. 3. The defense can be appointed under any of the following circumstances. If the defendant has not appointed a defender, the people's court may notify the legal aid institution to appoint a lawyer to defend him: 1, * * * In the same criminal case, other defendants have appointed a defender; 2. Cases with significant social impact; 3. Cases protested by people's procuratorates; 4. The defendant's behavior may not constitute a crime; 5. Other circumstances that need to entrust a lawyer to provide defense. According to the law, criminal suspects and defendants can entrust one or two lawyers, relatives and friends as defenders in addition to exercising their right to defense.
Legal objectivity:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC) * * * 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. 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.