2. Designated defense means that when a criminal case enters the trial stage and there are legal circumstances, the people's court designates a defender to defend the defendant. This defense is free of charge.
3. The assigned defense only applies to the specific defendant. If the defendant fails to entrust a defender due to financial difficulties or other reasons, the defendant is blind, deaf or dumb, or a minor fails to entrust a defender, and the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.
4. Designated defense embodies the requirements of a society ruled by law for fair and civilized criminal justice. All defendants should be considered innocent until proven guilty in a public trial according to law. Since he is innocent, he should also protect the defendant from exercising his right of appeal correctly and effectively in accordance with the principle of fairness and justice. This is also one of the principles of criminal procedure clearly stipulated in international conventions.
5. Article 34 of the Criminal Procedure Law stipulates that if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
6, "the Supreme People's Court on the application of
Article 39 If the defendant fails to entrust a defender, the people's court shall inform him of his right to entrust a defender within three days from the date of accepting the case; If the defendant fails to entrust a defender due to financial difficulties or other reasons, he shall be informed that he can apply for legal aid; If the defendant should be provided with legal aid, he shall be informed that he will notify the legal aid institution to appoint a lawyer to defend him according to law.
Article 42 If the following defendants fail to entrust a defender, the people's court shall notify the legal aid institution to appoint a lawyer to defend them:
Blind and deaf;
(two) mental patients who have not completely lost the ability to identify or control their own behavior;
(3) Persons who may be sentenced to life imprisonment or death.
When a higher people's court reviews a death penalty case, if the defendant fails to entrust a defender, it shall notify the legal aid institution to appoint a lawyer to defend him.
Article 43 If the defendant fails to entrust a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him:
(1) In the same criminal case, other defendants have entrusted defenders;
(2) Cases with significant social impact;
(3) Cases protested by people's procuratorates;
(four) the defendant's behavior may not constitute a crime;
(5) Other circumstances in which lawyers need to be entrusted to provide defense.