[Direct answer]Yes. Article 34 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) clearly stipulates that during the investigation period, only lawyers can be appointed as defenders. If the criminal suspect is in custody, his guardians or close relatives may appoint defenders on his behalf. Here, "close relatives" generally refer to husband, wife, father, mother, son, daughter, and siblings. After the appointment, the case-handling organ should be informed in a timely manner and relevant procedures should be carried out, so that the lawyer can meet with the suspect and verify the entrustment relationship in accordance with the law. It should be noted that defenders can only be appointed by the suspect himself or his legal representative or close relatives. Other relatives who pay the fees on behalf of the suspect do not automatically acquire the qualification to be appointed as defenders.

I. Problem Background and Typical Scenarios

After family members are taken away, relatives are often in a state of panic. They don't know who has the right to hire a lawyer, and they are easily misled by intermediaries who claim they can "bail out" the detainees. Common situations include: when the suspect is a minor, the parents act on their behalf to hire a lawyer; when the detainee is held in another city, the family needs to handle the power of attorney across regions; when the detainee has verbally expressed the intention to hire a lawyer, but there are no written procedures yet. In Beijing, the case-handling authorities review the power of attorney procedures more strictly. Lawyers need to present the power of attorney and their practice certificates to conduct meetings with clients. It should be noted that there are often discrepancies in the statements of the disputing parties about the same facts, so the role of original evidence and written documents is particularly important. At the same time, the time limits of relevant procedures are usually relatively short. Once key deadlines are missed, it may directly affect the realization of rights. Therefore, it is necessary to prepare and preserve evidence as early as possible. When analyzing specific cases, it is recommended to take the timeline as the main line, and match contracts, vouchers, communication records, and relevant legal basis one by one to form a clear processing framework, which is conducive to judging the chronological order and feasibility of various claims.

II. Key points of dispute

First, who has the right to appoint a defense attorney on behalf of the client, and how is the scope of close relatives defined? Second, what are the qualification restrictions for defense attorneys during the investigation stage? Third, what are the forms and legal effects of the entrustment procedures, and can an oral entrustment be valid? Fourth, does the client need the permission of the case-handling organ to meet with their attorney? Fifth, can family members transmit information or items on behalf of the client? Sixth, how should we balance the differences in cost, time limit, and effectiveness among different remedial paths? Seventh, are there procedural flaws in the actions of administrative organs or counterparties? Eighth, are the calculation methods and basis for losses sufficient, and can corresponding evidence be provided? Ninth, are there legitimate reasons that can mitigate or exempt liability? In addition, we should also pay attention to whether the form of evidence is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility among different handling solutions. On this basis, we can determine the priority path to be pursued.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that the proper way for family members to get involved is to initiate defense through legal authorization. The general process is as follows: the immediate family members sign a power of attorney and provide proof of their relationship with the client, and the lawyer then submits the power of attorney, a letter from the law firm, and their practice certificate to the case-handling authority to apply for a meeting. In the investigation stage, meetings generally do not require the permission of the case-handling authority, but for cases involving crimes against national security or terrorist activities, meetings during the investigation period must be approved by the investigating authority. During the meeting, the lawyer can learn about the facts of the case, the suspect's appearance in court, and the interrogation situation, verify whether there has been torture for confession, and inform the client of their litigation rights. Family members should not pass on prohibited items or collusive information through lawyers, otherwise it may affect the handling of the case; they should also remain vigilant against intermediaries who promise results and avoid losing both money and reputation.

IV. Practical suggestions and legal basis

Action list: First, confirm the client's relationship with the party's relatives and prepare proof of identity and relationship; Second, sign the power of attorney as soon as possible and let the lawyer handle the meeting; Third, provide the lawyer with the known facts of the case and the party's basic information truthfully; Fourth, do not pass on items or collude with information through the lawyer; Fifth, be vigilant against any intermediaries who promise the outcome of the case. For cases involving entrustment and meetings during the investigation stage, you can refer to the relevant provisions of the Criminal Procedure Law of the People's Republic of China and the Code of Criminal Procedure of the People's Republic of China.Criminal defense and criminal case filing; For matters involving the financial assets involved in the case and compensation, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementLegal basis: Articles 34 and 39 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) and related provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, only lawyers can act as defenders in the investigation stage, and close relatives can entrust them on their behalf. Secondly, the earlier the meeting takes place, the more conducive it is to fixing favorable circumstances. Thirdly, it is strictly prohibited to transfer items or collude with witnesses through lawyers, as this carries extremely high risks. Fourthly, any statements promising results are unreliable and should be handled through legitimate law firms. Fifthly, when entrusting a lawyer, the client should verify the lawyer's practice information and entrustment procedures, clarify the scope of services and fee arrangements, avoid affecting the conduct of meetings and subsequent defense work due to incomplete procedures, and maintain consistent internal information among family members to prevent conflicting statements from being conveyed to the case-handling authorities. Sixthly, family members should appoint a main contact person and coordinate their communication channels to avoid causing information confusion due to multiple contacts. For matters involving meetings, bail applications, and subsequent defense, they can handle them through legal representatives.Criminal defense and criminal case filingThe service is supported, and claims involving the victim can be combined with it.Personal injury and medical disputesFor cases involving corporate personnel being involved in criminal activities, you can refer to the relevant provisions in the Plateau Regulations.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Can family members hire a lawyer for the suspect?

Yes. If the criminal suspect is in custody, his guardian or close relatives may appoint a defense attorney on his behalf. Close relatives generally refer to spouses, parents, children, siblings, etc. After the appointment, the case-handling organ should be informed in a timely manner, and the lawyer will conduct the meeting and verify the entrustment relationship. Due to the significant differences in the facts and evidence of each case, the responsibility for compensation and the remedial path need to be comprehensively judged in light of the contractual provisions, the actual performance of the contract, and the procedural deadlines. It is recommended to collect and preserve evidence as soon as possible, assert rights on schedule, and fix evidence that may be lost in a timely manner. Specific plans should be evaluated and determined by professional lawyers after reviewing the materials.

Q2: What procedures are required to hire a lawyer?

It is necessary to provide a power of attorney, proof of the relationship between the principal and the client, identity documents of both parties, and a letter issued by the law firm. The lawyer will also apply to the case-handling authority for a meeting with the client, and the specific requirements for materials shall be subject to the provisions of the case-handling authority. Due to significant differences in the facts and evidence of each case, the determination of liability and remedies requires comprehensive consideration of the contractual provisions, the actual performance of the contract, and the procedural deadlines. It is recommended to collect and preserve evidence as soon as possible, assert rights on schedule, and promptly fix evidence that may be lost. Specific solutions should be evaluated and determined by professional lawyers after reviewing the materials.

Q3: How much does it cost to hire a lawyer during the investigation stage?

The fees are charged separately at the investigation stage, and the amount is determined based on the complexity of the case, the frequency of meetings, and the cross-regional costs negotiated between the parties. It is recommended to sign a written power of attorney contract that clearly specifies the scope of services, meeting arrangements, and payment methods to avoid subsequent disputes. Due to significant differences in the facts and evidence of each case, the allocation of responsibilities and remedial measures need to be comprehensively assessed based on the contract provisions, actual performance, and procedural deadlines. It is recommended to collect and preserve evidence as soon as possible, assert rights on schedule, and promptly fix evidence that may be lost. Specific solutions should be evaluated and determined by professional lawyers after reviewing the materials.

Q4: How long will it take to meet after placing the order?

Under normal circumstances, lawyers can arrange meetings within a few days if all the necessary procedures are in place. For general cases, meetings do not require the permission of the case-handling authority, but for cases involving national security and terrorist activities, permission is required during the investigation period, and the meeting time will be postponed accordingly. Due to significant differences in the facts and evidence of individual cases, the determination of liability and remedies requires a comprehensive assessment based on the contractual provisions, the actual performance of the contract, and the procedural deadlines. It is recommended to collect and preserve evidence as soon as possible, assert rights on schedule, and fix evidence that may be lost in time. Specific plans should be evaluated and determined by professional lawyers after reviewing the materials.

Q5: Can lawyers help deliver messages or deliver things for us?

No. Lawyers are not allowed to pass items or collude with clients to provide false information, and family members should not make such requests. Otherwise, they may be suspected of violating the law and affecting the handling of the case. The legal approach is to exercise the functions of meeting and communication with clients in accordance with the law. The facts and evidence of each case vary greatly, and the responsibility and remedies need to be judged comprehensively based on the contractual provisions, the performance of the contract, and the procedural deadlines. It is recommended to collect and preserve evidence as soon as possible, assert rights on schedule, and fix evidence that may be lost in time. Specific solutions should be evaluated and determined by professional lawyers after reviewing the materials.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.