Legal analysis
First, you can defend yourself with or without a lawyer. The right of defense is the legal right of the defendant, and the people's court shall guarantee the realization of the defendant's right of defense. The defendant may defend himself or entrust others to defend himself.
Second, according to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), entrusted defense is the right of the parties. In addition to exercising the right of defense, the parties may also entrust a defender to defend themselves. Whether to entrust or not is the right of the parties, who can exercise their rights or give up their rights. Defenders are not only lawyers, but also people recommended by people's organizations or the defendant's unit, the defendant's guardian, relatives and friends can become entrusted defenders.
Third, lawyers should be appointed to defend people under special circumstances, such as blind, deaf and dumb, mental patients who have not completely lost the ability to identify or control their own behavior, and defendants who may be sentenced to life imprisonment or death penalty must have lawyers to defend them, so as to protect the defendant's litigation rights and other legitimate rights and interests. But even with a legal aid lawyer, the defendant can defend himself.
Fourth, the defendant can refuse the defender to continue to defend him during the trial, or entrust other defenders.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near 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.
Article 45 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.