1. Can a defense lawyer be his own family?
A defense lawyer can be his own family. According to China's "Lawyers Law" and related laws, a lawyer is a practitioner who obtains a lawyer's practice certificate according to law and provides legal services to the society. It is the basic duty of lawyers to accept the employment of criminal suspects in criminal cases, represent complaints and accusations, apply for bail pending trial, accept the entrustment of criminal suspects and defendants or be appointed by people's courts as defenders.
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. Relatives and friends of the defendant may act as defenders. Family members can be defendants' defenders even if they are not lawyers.
Two. Relevant provisions of the Criminal Procedure Law:
Article 32 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.
When a family member faces a lawsuit, the lawyer himself can defend the family member judicially. In judicial practice, lawyers should conduct legal judicial defense after identifying relevant criminal facts. The purpose of defense lawyers is to expect the judicial organs to make favorable results for their clients in judicial decisions through their own defense behaviors, and the specific defense behaviors should be determined according to the criminal facts.