Legal interpretation of defenders in criminal procedure law

In the interpretation of the Criminal Procedure Law, the scope of defenders is lawyers, people's organizations or persons recommended by the unit where the criminal suspect or defendant works, guardians, relatives and friends of the criminal suspect or defendant. If the case is in the investigation stage, the suspect can only entrust a lawyer as a defense lawyer.

legal ground

Article 33 of the Criminal Procedure Law

A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising the right of defense by himself. 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.