Features of defenders

Basic characteristics of defenders: 1. Defenders, criminal suspects, and defendants * * * share defense functions; 2. Defenders are independent participants in litigation and are not subject to interference and influence from judicial organs; 3. Defenders will actively safeguard the legitimate rights and interests of criminal suspects and defendants.

Legal basis

Article 33 of the "Criminal Procedure Law of the People's Republic of China"* * *In addition to exercising the right of defense on their own, criminal suspects and defendants may also entrust one or two people to As an advocate. The following persons may 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 the criminal suspect or defendant. Persons who have been sentenced to a criminal penalty or deprived or restricted of personal freedom in accordance with the law may not serve as defenders. Persons who have been dismissed from public office or whose practicing certificates as lawyers or notaries have been revoked may not serve as defenders, except for guardians or close relatives of criminal suspects or defendants. Article 34 of the "Criminal Procedure Law of the People's Republic of China" * * * A criminal suspect has the right to entrust a defender from the date when he is first interrogated or takes compulsory measures by the investigation agency; during the investigation, he can only entrust a lawyer as a defender.