1. What is the scope of relatives and friends of a criminal defender?
Article 32 of the "Criminal Procedure Law of the People's Republic of China" clearly stipulates that in addition to exercising the right to defend, criminal suspects and defendants may also entrust one or two people as defenders. The following people can be entrusted as defenders:
(1) Lawyers;
(2) People recommended by people's organizations or the unit where the criminal suspect or defendant works;
(3) Guardians, relatives and friends of criminal suspects and defendants.
Persons who have been sentenced to a penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders.
In addition, according to Article 106, Paragraph 6 of the Criminal Procedure Law of the People's Republic of China, close relatives refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.
2. The main obligations of the defender
1. The defender is obliged to prove that the criminal suspect or defendant is innocent, to be given a lighter sentence, or to reduce or exempt him from criminal liability based on the facts and law. materials and opinions, and protect the legitimate rights and interests of criminal suspects and defendants in accordance with the law.
2. When meeting criminal suspects or defendants in custody, the regulations of the detention place must be followed.
3. Follow court rules when attending court proceedings.
4. Without the permission of the People's Procuratorate or the People's Court, no materials related to the case may be collected from the victim or the witnesses provided by the victim.
5. Defense lawyers and other defenders shall not help criminal suspects or defendants collude, conceal, destroy, or falsify evidence, and shall not threaten or induce witnesses to change their testimony or commit perjury, or engage in other behaviors that obstruct the judicial process.
Third, the defender’s obligations
Criminal Procedure Law
Article 40: “The defender shall prove that the criminal suspect is not at the crime scene and has not reached criminal responsibility. The public security organs and the People’s Procuratorate shall be promptly informed of evidence of age and mental illness that does not bear criminal responsibility.”
Article 42: “Defenders or anyone else shall not help criminal suspects or defendants hide. , destroy or fabricate evidence or collude in confession, and shall not threaten or induce witnesses to commit perjury or engage in other behavior that obstructs judicial proceedings.”
Article 46: “Lawyers have the right to know what they know in the course of their professional activities. The client's relevant circumstances and information shall be kept confidential. However, if a lawyer learns that the client or other persons are engaging in or engaging in criminal activities that endanger national security, public safety, or seriously endanger the personal safety of others, he shall promptly notify the judiciary. Agency.”
The above is the relevant legal knowledge about the scope of relatives and friends of criminal defenders. To sum up, we can understand that people who have been dismissed from public office, or whose practicing certificates of lawyers or notaries have been revoked, are not allowed to serve as defenders, except for guardians or close relatives of criminal suspects or defendants.