(1) lawyer. A lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law and provides legal services to the society. Although he has obtained the qualification of lawyer, but has not obtained the practice certificate and is registered, he shall not act as a defender. Article 13 of the Lawyers Law stipulates: "The current staff of state organs shall not concurrently serve as professional lawyers." "Lawyers are not allowed to practice when they are members of the Standing Committees of people's congresses at all levels." Article 36 of the law stipulates: "A lawyer who has served as a judge or prosecutor may not serve as an agent ad litem or defender for two years after leaving the people's court or the people's procuratorate."
(2) A person recommended by a people's organization or the unit where the criminal suspect or defendant belongs. In recent years, although the ranks of lawyers in China have developed rapidly, they still cannot meet the needs of practice. In this case, it is very beneficial to effectively protect the rights and interests of the above-mentioned parties to allow mass organizations such as trade unions, women's federations, youth leagues and student federations, as well as citizens recommended by the units where criminal suspects and defendants work.
(3) Guardians, relatives and friends of criminal suspects and defendants. The guardians of minors are their parents. If parents die or have no guardianship, grandparents, brothers and sisters or other close relatives and friends may act as guardians according to law. For mental patients, their spouses, parents, adult children, other close relatives or close relatives and friends may act as guardians. As for relatives and friends, they refer to relatives of criminal suspects and defendants and friends who are closely related to them.
Article 32 of the Criminal Procedure Law stipulates: "A person who is sentenced to punishment according to law or deprived or restricted of personal freedom shall not act as a defender." .