A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. The criminal suspect has the right to entrust a defender from the date when the case is transferred for examination and prosecution. The defendant in a case of private prosecution has the right to entrust a defender at any time. 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 a case of private prosecution, inform the defendant that he has the right to entrust a defender. In a case where a public prosecutor appears in court for public prosecution, 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. 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. 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.
The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant. Defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody. In the process of hearing a case, the people's court shall fully ensure that the defendant exercises the right of defense as stipulated in Article 32 of the Criminal Procedure Law.