Legal basis: Article 34, paragraph 3 of the Criminal Procedure Law. If a criminal suspect or defendant is in custody, his guardian or near relative may entrust a defender.
Article 58 Entrusted agents, the parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located. Article 59 Where a power of attorney entrusts another person to represent a lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.