legal basis: China people's * * * * criminal procedure law
article 11 the people's courts try cases in public, except as otherwise provided by this law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
article 14 the people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Article 32 A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be appointed 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 is being punished or deprived or restricted of personal freedom according to law shall not act as a defender.
Article 33 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
when interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform the criminal suspect that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
during the detention of a criminal suspect or defendant, his guardian or near relative may also entrust a defender on his behalf.
after accepting the entrustment of a criminal suspect or defendant, the defender shall promptly notify the case-handling organ.