Legal analysis: Defenders are not necessarily lawyers. According to the relevant provisions of the Criminal Procedure Law, criminal suspects and defendants can not only exercise their right to defense by themselves, but also entrust defenders, who can be recommended by lawyers, people's organizations or their units, as well as guardians, relatives and friends of criminal suspects and defendants. However, if it is a person who is being punished by criminal punishment or deprived or restricted of personal freedom according to law, it cannot be used as a defender. Those who are dismissed from public office or whose practicing certificates of lawyers and notaries are revoked shall not serve as defenders. However, this restriction does not apply if the person who is dismissed from public office or whose lawyer or notary's practice certificate is revoked is the guardian or near relative of the criminal suspect or defendant. So the defender doesn't have to be a lawyer, but someone else.
Legal basis: Article 33 of the Criminal Procedure Law of People's Republic of China (PRC). In addition to exercising the right of defense, criminal suspects and defendants may also 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.
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.