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Can foreigners act as defenders


        

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  • 2024-05-26 14:01:18

    In criminal proceedings, in addition to the exercise of the right to defense by the criminal suspect and the defendant themselves, the right to defense can also be exercised with the assistance of others, that is, the defender.

    Under normal circumstances, a foreigner cannot be appointed to act as the defender of the defendant unless he is a close relative or guardian of the defendant and is permitted by the people's court.

    [Legal Basis]

    According to Article 33 of the Interpretation of the Criminal Procedure Law, the people's court shall fully ensure that the defendant exercises the right to defend as stipulated in Article 32 of the Criminal Procedure Law during the trial of a case. However, the following persons shall not be entrusted to serve as defenders:

    (1) Persons whose suspension of sentence or punishment has not been completed;

    (2) Persons deprived or restricted of personal freedom according to law;

    (3) Persons without or with limited capacity for conduct;

    (4) Current staff of people's courts, people's procuratorates, public security organs, state security organs and prisons;

    (5) People's assessors of the Court;

    (6) A person who has an interest in the outcome of the trial of the case;

    (7) Foreigners or stateless persons.

    The people's court may permit a person in sub paragraphs (4), (5), (6) and (7) of the preceding paragraph who is a close relative or guardian of the defendant and is entrusted by the defendant to act as a defender.

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