Specify the scope of defense:
1, the defendant may be sentenced to death without entrusting a defender;
2. The defendant is blind, deaf or has limited capacity;
3. Minors who have not entrusted defenders;
4. In the case where the public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons;
5. I really have no financial resources, and my family's economic situation cannot be ascertained; I really have no financial resources, and my family members are still unable to bear the expenses of defense lawyers after repeated persuasion;
6. In the same criminal case, other defendants have entrusted defenders, but the defendants have not entrusted defenders;
7. The defendant of foreign nationality has not entrusted a defender;
8. Cases with significant social impact;
9. The people's court believes that there are problems in the prosecution opinions and evidence materials of the transferred case, which may affect the correct conviction and sentencing of the court.
There are provisions on designated defense in China's criminal procedure law. Generally speaking, appointed defense means that the court appoints a defender for the defendant because of financial difficulties or other reasons. Designated defense can be divided into arbitrary designation and compulsory designation. Compulsory defense is a form of appointed defense. It is a form of legal aid for the state to appoint a defense lawyer for the defendant free of charge by the court.
Germany, Japan and other countries have established a compulsory defense system, and the defendant must have a defender to defend him, so that the court trial is legal and effective. The first paragraph of Article 140 of the German Criminal Procedure Law stipulates that the defender must participate in the proceedings in the following circumstances: the state high court or the state court hears the case in the first instance; The defendant was charged with a felony; Procedures may prohibit practice, etc. ; The second paragraph also stipulates that in other cases, if the case is serious or the facts and legal situation are complicated, and it is considered necessary for a defender to participate, or if the defendant is found unable to defend himself, especially if a lawyer is appointed for the victim according to the relevant provisions of the Criminal Procedure Law, the presiding judge shall appoint a defender according to the application or ex officio. The first paragraph of Article 289 of Japan's Criminal Procedure Law stipulates: "In a case where the death penalty or life imprisonment is applied and the maximum penalty is more than three years, no court session may be held without a defender." To provide a defender at my request in cases other than compulsory defense; If there is no application, a trial without a defender is not illegal. Compulsory defense is a compulsory right of the state, which aims at relief and has the attribute of national compulsory force. Coercive force emphasizes the attribute of state power, which is beyond doubt. Helping the parties with defective ability is an important part of the state's maintenance of judicial justice. Because in the eyes of legislators, procedural justice is the guarantee and foundation for realizing substantive justice, and the right of defense should be the inherent right of criminal suspects. In the case that their rights may be missing, the state has the obligation to correct them. The right of relief is essentially a right, which is optional for the object of relief. This is the difference between compulsory defense and arbitrary designated defense, and it is also the significance of its existence. The establishment of compulsory defense system is the embodiment of national justice concept in defense system.