What should be paid attention to in the designated defense of criminal procedure law?
I wonder how much you know about the trial process of the court? In real life, if a lawsuit is brought to the court, the people's court will appoint a defender to defend the defendant during the trial. This is what we are going to talk about today. Under what circumstances will there be a designated defense in the criminal procedure law? Let's find out! I comparison between appointed defense and entrusted defense according to article 15 1 of the criminal procedure law, after the people's court decides to hold a hearing, it shall send a copy of the ruling of the people's procuratorate to the defendant 10 at the latest. The defendant did not entrust a defender. Inform the defendant that he can entrust a defender or, if necessary, appoint a lawyer who undertakes the obligation of legal aid to propose three ways of defense for him. Among them, entrusted defense is more effective than the two ways, and it is the main and important way for criminal suspects and defendants to realize their right to defense. Compared with appointed defense, entrusted defense has a limited scope of application. The law stipulates that designated defense only applies to specific situations, and these ranges account for a limited proportion in criminal cases. Therefore, the scope of application of designated defense is small. In contrast, the scope of application of entrusted defense is infinite and extremely extensive. Secondly, the application stage of appointed defense is limited. According to the law, the scope of appointed defense only exists in the trial stage of the case, and criminal proceedings have entered the later stage. However, entrusted defense can be carried out since the criminal case entered, and from the point of view of the degree of participation in criminal proceedings, entrusted defense is earlier than designated defense. Third, the range of people who can act as entrusted defenders according to law is greater than those who can act as appointed defenders. According to the law, only lawyers can accept the appointment of the people's court as the defender of the defendant, but according to the law, those who accept the entrustment as the defender of criminal suspects and defendants can learn the highest level of disability appraisal except lawyers. There are also people's organizations or personnel recommended by the unit where the criminal suspect or defendant works, as well as guardians, relatives and friends of the criminal suspect or defendant. Second, the application of appointed defense in criminal proceedings in China is only applicable to the trial stage of criminal cases, and the defenders appointed by the people's courts should pay attention to purchase. Only lawyers who undertake legal aid obligations according to law. Therefore, designated defense, also known as criminal legal aid, is applicable to the following situations: 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 defend him. 2. If the defendant is blind, deaf, dumb or a minor 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 death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. Three, in addition, the judicial interpretation of the Supreme People's Court has made further provisions on the designated defense. According to the regulations, if the defendant has not entrusted a defender, the people's court shall appoint a defender for him under any of the following circumstances: 1. Blind, deaf, dumb or with limited capacity; 2. Under the age of 18 at the time of hearing; 3. People who may be sentenced to death. Judicial interpretation also stipulates that maternity insurance calculator. If the defendant has not entrusted a defender, the people's court may appoint a defender for him under any of the following circumstances: 1. Meet the standards of economic difficulties stipulated by the local government; 2. I really have no financial resources, and my family's economic situation cannot be ascertained; 3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion; 4. In the case, other defendants have entrusted defenders; 5. Have foreign nationality; 6. Cases with significant social impact; 7. The people's court believes that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing. What should be paid attention to when appointing a defender in criminal procedure law? You got it? When the court enters the trial stage, it will appoint a defender to defend the victim, which is the final defense. It should also be pointed out that under the legal circumstances, there will be a defender to defend the victims. If the victim had not appealed and accepted the court's decision, this would not have happened!