In criminal cases, the criminal suspect or defendant can of course entrust a defender himself. Of course, it is in line with the law, so close relatives and legal representatives can also entrust defenders.

1. Who entrusts the defender in criminal cases?

1, the suspect or the defendant himself;

2. Legal representatives of criminal suspects and defendants; ("Legal representative" refers to the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection of the principal)

3. Close relatives of criminal suspects and defendants; ("Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. )

4. The person entrusted by the criminal suspect or defendant.

Second, the application of criminal designated defense

China's appointed defense only applies to the trial stage, and the appointed defender can only be a lawyer. Designated defense includes:

1. If the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to provide defense. The Supreme People's Court's Interpretation has made specific provisions on the circumstances in which defenders can be appointed, including:

(1) conforms to the economic hardship standard stipulated by the local government;

(2) I really have no source of income, and my family's economic situation cannot be ascertained;

(3) I really have no financial resources, and I am still unwilling to bear the defense expenses after repeated persuasion by my family;

(4) In a joint crime case, other defendants have entrusted defenders;

(5) Having foreign nationality;

(6) Cases with significant social impact;

(7) The people's court believes that the prosecution opinions and the obtained evidence materials may affect the correct conviction and sentencing. The appointed defender shall be a lawyer who undertakes the obligation of legal aid according to law.

2. If the defendant is blind, deaf, dumb or with limited capacity, or a minor under the age of 65 at the time of hearing, and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.

3. If the defendant may be sentenced to punishment without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.

Third, how to choose a criminal defense lawyer

See the lawyer's education. In China, there is no requirement for a lawyer to hold a post, and he must be from a law school or a law major. Non-law graduates can also engage in the profession of lawyers as long as they pass the judicial qualification examination. Generally speaking, lawyers with well-known law school education background have a comprehensive legal theory foundation, and are good at grasping the relationship between laws, demonstrating and defending cases from multiple angles, while lawyers with illegal law graduates are more distinctive in some fields. The parties can choose according to whether the case has professional requirements.

Look at the lawyer's experience in handling cases. Defense is a practical judicial practice, and the accumulation of experience is necessary for any mature lawyer. Each case has both individuality and commonness. The defense lawyers who have handled a large number of criminal cases have accumulated rich experience and defense skills, and can turn many successful experiences into theories to guide the handling of specific cases, which is more comfortable and fruitful in criminal defense.

Look at the brand of the law firm. The brand of law firm is a sign that it has been recognized by the society after handling cases for many years, and it is also the embodiment of its defense ability and defense performance. Well-known standardized law firms have high requirements for practicing lawyers, strict management, relatively strong lawyers, great influence and high probability of successful defense.

Look at the professional ethics of lawyers. A good lawyer should not only be proficient in business, but also be persistent, dedicated and honest. He should not deceive or ignore his efforts because his client lacks legal knowledge. According to the "Regulations on the Administration of Lawyers", criminal defense lawyers are not allowed to make promises to clients on the verdict. A serious and responsible lawyer should only analyze the facts, evidence, nature and possible sentencing of the case according to his own knowledge, and should not exaggerate the risk to scare the client, nor should he induce the client to hire him as a defender with the result of innocence and probation. For criminal defense lawyers who easily promise the results, clients should be more vigilant.

When entrusting others to exercise their legitimate rights and interests on their behalf, the client shall show the legal documents of the client when exercising his power. The trustor shall not abandon the entrusted matters for any reason. If the client makes any rights and interests that violate national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.

According to the law, it can be known that the criminal suspect, the defendant himself, the legal representative of the criminal suspect and the defendant, close relatives and other personnel can entrust defenders.

Legal objectivity:

Criminal procedure law

Article 33

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.