China's appointed defense only applies to the trial stage, and the appointed defender can only be a lawyer, and should be a lawyer who undertakes legal aid obligations according to law. If a criminal suspect or defendant is unable to hire a defender due to financial difficulties or other reasons, the judicial organ may appoint a defender for him. 1. The case where 1 should be specified for defense. The defendant is blind, deaf or dumb; 2. The defendant is a person with limited capacity; 3. The defendant is a minor. "Minors" here refer to minors at the time of trial, minors at the time of crime, and those who have reached the age of 18 at the time of trial are not included; The defendant is a person who may be sentenced to death. Second, the public prosecutor can entrust a defender. In a public prosecution case, if the defendant fails to entrust due to financial difficulties or other reasons, he may entrust a defender for him. In addition, the Supreme Court has stipulated that a defender can be appointed for him in the following seven situations: 1. Meeting the standards of economic difficulties stipulated by the local government; 2. I really have no financial resources, and my family's economic situation cannot be ascertained; 3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion; 4 * * * In the same criminal case, other defendants have entrusted defenders; 5. Have foreign nationality; 6. Cases with significant impact; 7. The people's court considers that the opinions and transferred case materials may affect the correct conviction. Defenders appointed by the people's courts are applicable to all stages of trial, including first instance, second instance and retrial.
Legal objectivity:
Designated defense, also known as criminal legal aid, is applicable to the following situations: 1. 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. 2. 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. 3. 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. In addition, the Supreme People's Court's judicial interpretation further stipulates the designated defense. According to the regulations, if the defendant has not entrusted a defender, the people's court shall appoint a defender for him under any of the following circumstances: 1. Blind, deaf, dumb or with limited capacity; 2. Under the age of 18 at the time of hearing; 3. People who may be sentenced to death. The judicial interpretation also stipulates that the people's court may appoint a defender for the defendant in any of the following circumstances: 1. The defendant meets the standard of financial difficulties stipulated by the local government; 2. I really have no financial resources, and my family's economic situation cannot be ascertained; 3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion; 4 * * * In the same criminal case, other defendants have entrusted defenders; 5. Have foreign nationality; 6. Cases with significant social impact; 7. The people's court believes that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing. According to Article 15 1 of the Criminal Procedure Law, after the people's court decides to hold a hearing, it shall serve a copy of the indictment of the people's procuratorate on the defendant at the latest 10 days before the hearing. The defendant did not entrust a defender. Inform the defendant that he can entrust a defender or, if necessary, appoint a lawyer who undertakes the obligation of legal aid to propose three ways of defense for him. Among them, entrusted defense is more effective than the other two ways, and it is the main and important way for criminal suspects and defendants to realize their right to defense.