Can family members defend the suspect?

Family members can defend criminal suspects. according to the relevant laws and regulations, family members can appear in court to defend themselves, and they need to go through the entrustment procedures; A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right to defense.

Defenders can be entrusted as follows:

1. Lawyers;

2. People's organizations or people recommended by the unit where the criminal suspect or defendant works;

3. Guardians, relatives and friends of criminal suspects and defendants.

Judges, prosecutors and investigators should withdraw in any of the following circumstances:

1.

2. I or my close relatives have an interest in the case;

3. Being a witness, expert witness, defender or agent ad litem in a case;

4. Having other relations with the parties to the case, which may affect their defense ability. The parties to the case have other relationships that may affect the fair handling of the case.

to sum up, when the investigation organ interrogates the criminal suspect for the first time or takes compulsory measures against the criminal suspect, it should inform the criminal suspect that he has the right to entrust a defender. 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.

Legal basis:

Article 35 of the Criminal Procedure Law of People's Republic of China (PRC)

If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution for legal aid. In line with the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.

if the criminal suspect or defendant is blind, deaf, mute or mentally ill who has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to provide defense for him.

if a criminal suspect or defendant may be sentenced to life imprisonment or death penalty, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.