1. Minor defendant. That is, according to the Gregorian calendar, if the person subjected to execution is under the age of 18 and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.
2. A defendant with physical defects such as blindness, deafness and dumb doesn't need to be blind, deaf and dumb at the same time, as long as he has one of them. If a defender is not entrusted, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 34
1. A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders.
2. The defendant has the right to entrust a defender at any time.
3. When the investigation organ interrogates the criminal suspect for the first time or takes compulsory measures against the criminal suspect, it shall inform the criminal suspect that he has the right to entrust a defender.
4. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender.
The people's court shall, within three days from the date of accepting the case, inform the defendant that he has the right to entrust a defender.
6. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
7. If a criminal suspect or defendant is in custody, his guardian or near relative may entrust a defender.
8. After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
(Revised on 20 17) Article 47 If a lawyer commits any of the following acts, he shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may also be fined up to 5,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for less than three months shall be given:
(1) Practicing in two or more law firms at the same time;
(2) Undertaking business by improper means;
(3) Representing both parties in the same case, or representing legal affairs that have conflicts of interest with himself and his close relatives;
(4) Failing to serve as an agent ad litem or defender within two years after leaving the people's court or people's procuratorate;
(5) Refusing to perform the obligation of legal aid.
Article 48 A lawyer who commits any of the following acts shall be given a warning by the judicial administrative department of the people's government at the municipal level or municipality directly under the Central Government, and may be fined not more than 10,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the punishment of stopping practicing for more than three months and less than six months shall be given:
(1) Accepting entrustment, charging fees, accepting property or other benefits from customers without permission;
(two) after accepting the entrustment, refusing to defend or represent without justifiable reasons, and not appearing in court on time to participate in litigation or arbitration;
(three) to seek the disputed rights and interests of the parties by taking advantage of the convenience of providing legal services;