Can the defendant refuse the defender to defend him? During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him. Defense business is the main business of lawyers in handling criminal cases. According to the law, lawyers can accept the employment of criminal suspects in criminal cases, provide them with legal advice, represent complaints and accusations, apply for bail pending trial, accept the entrustment of criminal suspects and defendants or the designation of people's courts, act as defenders, accept the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and participate in litigation as agents. When a lawyer acts as a criminal defender, he shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant. Lawyers who participate in litigation activities may collect and investigate in accordance with the provisions of the procedural law.
Legal objectivity:
During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him. (Interpretation) This article is about the defendant's refusal to defend: According to the provisions of this Law and the Lawyers Law, there are two kinds of refusal to defend. One is that the criminal suspect or defendant refuses the defender to continue his defense; Another kind of refusal to defend means that the defender has legal reasons to stop defending the criminal suspect or defendant halfway. This article is about the defendant's refusal to defend. The right of defense refers to a litigation right that criminal suspects and defendants are given by law to defend their legitimate rights and interests. It occupies a core position in the litigation rights of criminal suspects and defendants. Article 125 of the Constitution stipulates that "the defendant has the right to defense". It is a constitutional principle that the defendant enjoys the right to defense. According to this provision of the Constitution, this law further stipulates: "The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended." The Prison Law also protects the right to defense of criminals who have committed new crimes or have been found to have committed crimes by omission. Article 7 of the general provisions of this law stipulates: "A criminal's personality shall not be insulted, and his personal safety, lawful property, defense, accusation and other rights that have not been deprived or restricted according to law shall not be violated." The right of defense is an important litigation right enjoyed by criminal suspects and defendants. Since the right to defense is a right, it can be exercised or waived. Therefore, this article stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him". The defendant may also refuse the defender appointed by the court to continue to defend him, and the people's court shall allow it and record it. However, it should be noted that according to Article 38 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if a person who is blind, deaf, dumb or has limited capacity for conduct, a minor who is under the age of 18 at the time of trial, or a person who may be sentenced to death refuses a defender appointed by the people's court to defend him with justifiable reasons, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall. Because these people are immature or flawed, it is difficult for them to fully protect their legitimate rights and interests by exercising their right of defense. Therefore, if the defendant is a minor, deaf-mute, blind, and refuses to continue to defend him, the people's court shall allow him to defend himself, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. The right of defense is a litigation right of the defendant. Therefore, the defendant's refusal is unconditional. As long as there is a clear expression of meaning, it has legal effect. The defender shall immediately terminate the defense, terminate the entrusted defense contract and withdraw from the court. If the defendant proposes to entrust other defenders, it should also be allowed, but the replacement of defenders should not affect the normal trial. The right of defense is an important litigation right enjoyed by criminal suspects and defendants. Since the right to defense is a right, it can be exercised or waived. Therefore, this article stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him." The defendant may also refuse the defender appointed by the court to continue to defend him, and the people's court shall allow it and record it. However, it should be noted that according to Article 38 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if a person who is blind, deaf, dumb or has limited capacity for conduct, a minor who is under the age of 18 at the time of trial, or a person who may be sentenced to death refuses a defender appointed by the people's court to defend him with justifiable reasons, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall. Because these people are immature or flawed, it is difficult for them to fully protect their legitimate rights and interests by exercising their right of defense. Therefore, if the defendant is a minor, deaf-mute, blind, and refuses to continue to defend him, the people's court shall allow him to defend himself, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. The right of defense is a litigation right of the defendant. Therefore, the defendant's refusal is unconditional. As long as there is a clear expression of meaning, it has legal effect. The defender shall immediately terminate the defense, terminate the entrusted defense contract and withdraw from the court. If the defendant proposes to entrust other defenders, it should also be allowed, but the replacement of defenders should not affect the normal trial. However, it should be noted that according to Article 38 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if a person who is blind, deaf, dumb or has limited capacity for conduct, a minor who is under the age of 18 at the time of trial, or a person who may be sentenced to death refuses a defender appointed by the people's court to defend him with justifiable reasons, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall. Because these people are immature or flawed, it is difficult for them to fully protect their legitimate rights and interests by exercising their right of defense. Therefore, if the defendant is a minor, deaf-mute, blind, and refuses to continue to defend him, the people's court shall allow him to defend himself, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. The right of defense is a litigation right of the defendant. Therefore, the defendant's refusal is unconditional. As long as there is a clear expression of meaning, it has legal effect. The defender shall immediately terminate the defense, terminate the entrusted defense contract and withdraw from the court. If the defendant proposes to entrust other defenders, it should also be allowed, but the replacement of defenders should not affect the normal trial.