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Anonymous users2024-02-12A person who does not have a lawyer's license may serve as a defender for a client and defend the client if he meets the requirements set forth in the Criminal Procedure Law.
According to the provisions of the Criminal Procedure Law, only the following two categories of persons may be retained as defenders if they are not lawyers: (1) persons recommended by people's organizations or the criminal suspect or defendant's unit; The second is the guardian, relatives and friends of the criminal suspect or defendant. Persons other than this cannot act as an advocate.
In addition, if the case is still under investigation, only a lawyer can be appointed as the defender, and no one else can act as a defender to defend the client.
Code of Criminal Procedure
Chapter IV: Defense and **.
Article 32: In addition to exercising their right to defend themselves, criminal suspects or defendants may retain one or two persons as defenders. The following persons may be appointed as advocates:
a) Lawyers; 2) Persons recommended by the people's organization or the criminal suspect or defendant's unit;
3) The guardians, relatives and friends of the criminal suspect or defendant.
Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender.
Article 33: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organs or on which compulsory measures are employed; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.
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Anonymous users2024-02-11Defenders are litigation participants who have been retained or designated to participate in litigation and defend criminal suspects or defendants in accordance with law. The defender may be a lawyer, the defendant's relatives, friends, or guardians, and may also be a person recommended by a people's organization or the criminal suspect or defendant's unit.
It is not required to be a lawyer.
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Anonymous users2024-02-10It can not be a lawyer, and the others are generally close relatives, and there are not many recommendations.
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Anonymous users2024-02-09Legal Analysis:1It may be a lawyer, it may also be recommended by a people's organization or the criminal suspect or defendant's unit, and it may also be the guardian, relatives, or friends of the criminal suspect or defendant. 2.But the only person who appoints the defense is a lawyer.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 33: In addition to exercising the right to defend themselves, criminal suspects or defendants may also retain one or two people as defenders. The following persons may be appointed as advocates:
1) Lawyers, 2) Persons recommended by people's organizations or the criminal suspect or defendant's median position in the single role, 3) Guardians, relatives, and friends of the criminal suspect or defendant. Persons who are currently serving a criminal punishment or who have been deprived or restricted of their personal liberty in accordance with law must not serve as a defender. Persons who have been dismissed from public office or have had their lawyers' or notary public's practice licenses revoked must not serve as defenders, except where they are the guardians or close relatives of criminal suspects or defendants.
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