Minors belong to people without civil capacity, so minors cannot act as defenders.
The rights of defenders, the right to consult, extract and copy case materials, the right to meet and correspond, and the right to investigate and collect evidence.
Can I be a minor as a criminal defender?
According to the provisions of the Criminal Procedure Law and related explanations, minors are persons without civil capacity, so minors cannot act as defenders.
Criminal Procedure Law of the People's Republic of China
Article 33 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.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 35 When trying a case, the people's court shall fully protect the defendant's right to defense according to law.
In addition to exercising the right of defense, the defendant may also entrust a defender to defend. The following persons shall not act as defenders:
(1) A person who is being executed or is within the probation period of probation or parole;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Persons without capacity or persons with limited capacity;
(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;
(5) People's jurors;
(6) People who have an interest in the trial result of this case;
(7) Foreigners or stateless persons.
The persons specified in items 4 to 7 of the preceding paragraph are guardians or close relatives of the defendant, and may be allowed to act as defenders when entrusted by the defendant.
2. What are the rights and obligations of criminal defenders?
1, Rights of defenders
(1) The right to be entrusted as a defender.
(2) the right to consult, extract and copy the case materials and the right to meet and communicate.
Article 40 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody.
(3) the right to investigate and collect evidence.
This is the right of defense lawyers, and other defenders do not have this right.
2, the obligations of the defender
Defense lawyers can provide materials and opinions to prove the innocence of criminal suspects and defendants, or reduce or exempt them from criminal responsibility and safeguard their legitimate rights and interests according to facts and laws. However, a defense lawyer shall not help a criminal suspect or defendant to conceal, destroy, forge evidence or collude in confession, and shall not threaten or induce witnesses to change their testimony or commit perjury or engage in other acts that hinder judicial procedures.
3. What rights do minors enjoy?
1. Right to life and health. Minors enjoy the right to life and health.
2. Right to personal freedom. The personal freedom of minors is inviolable. It is forbidden to illegally detain, deprive or restrict the personal freedom of minors and illegally search people.
3. Naming right. Minors have the right to name, and have the right to decide, use and change their names according to regulations. Interference, abuse and counterfeiting are prohibited.
4. Portrait on the right. Minors have the right to portrait. Without their consent, they may not use their portraits for profit.
5. Right of reputation. Minors enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of minors by insulting or slandering.
6. Right of honor. Minors enjoy the right of honor, and it is forbidden to illegally deprive them of their honorary titles.
7. Property ownership. The state protects the ownership of minors' lawful income, savings, houses and other lawful property. It is forbidden for any organization or individual to occupy, plunder, destroy or illegally investigate, detain, freeze or confiscate.
8. Property inheritance right. Minors have the right to inherit legal property and are protected by law.
9. copyright Minors enjoy copyright and the right to sign, publish, publish and get remuneration according to law.
10, patent right. Minors enjoy the patent right approved by them and are protected according to law.
1 1, the right to criticize, suggest, appeal, accuse and report. Minors have the right to criticize, suggest, appeal, accuse and report all state work and state personnel.
12, state compensation right. Minors have the right to domestic compensation according to law.
13, freedom of religious belief. Minors have freedom of religious belief.
14, the right to freedom of national customs. The national customs and habits of minors are protected according to law.
Readers who need legal help are welcome to seek legal advice.