Defenders can defend themselves, their relatives and even friends, but it is a traditional habit to think that defenders can only be lawyers. On the other hand, at present, the acceptance of the above-mentioned categories of people as defenders is not high. If non-lawyers are used as defenders, their rights to meet, investigate and collect evidence can hardly be guaranteed, which brings inconvenience to lawyers, which is related to the low level of legal system in China.
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. 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. Accepting the employment of criminal suspects in criminal cases, providing them with consultation, representing their complaints and accusations, applying for bail pending trial, accepting the entrustment of criminal suspects and defendants or being appointed as defenders by the people's courts are the basic duties of lawyers.
legal ground
Article 32 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect and defendant may entrust one or two persons as defenders in addition to exercising their right of defense. 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.