Legal Analysis: The court-appointed defense attorney will notify the defendant that an attorney has been appointed. If the defendant insists on exercising his right to defend, the court may allow it, but certain conditions must be met.
Legal basis: "Chinese People's Liberation Army and National Criminal Procedure Law"
Article 11 People's courts shall try cases in public, except as otherwise provided for in this law. The defendant The people's courts have the right to obtain a defense, and the people's courts have the obligation to ensure that the defendants obtain a defense.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the rights enjoyed by criminal suspects, defendants and other litigation participants in accordance with the law. Right of defense and other litigation rights.
In addition to exercising the right of defense themselves, criminal suspects and defendants may entrust one or two people as defenders:
(1) Lawyers;
(2) People recommended by people’s organizations or the unit where the criminal suspect or defendant works;
(3) Persons of the criminal suspect or defendant Guardians, relatives and friends. People who are being sentenced or whose personal freedom is deprived or restricted in accordance with the law shall not serve as defenders.
Article 33: A criminal suspect is interrogated or compulsory measures are taken from the first time. The defendant has the right to appoint a defender from the date of the investigation; during the investigation, the defendant has the right to appoint a defender at any time when interrogating the criminal suspect for the first time or taking coercive measures against him. When taking measures, the People's Procuratorate shall inform the criminal suspect of the right to appoint a defender within three days of receiving the case materials transferred for review and prosecution, and the People's Court shall notify the suspect within three days of accepting the case. The defendant has the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, people's procuratorate and public security organ shall promptly convey the request to the criminal suspect or defendant while in custody. Guardians or close relatives may also appoint a defender on their behalf.
After accepting the appointment of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.