Legal basis: Article 34 of the Criminal Procedure Law of People's Republic of China (PRC). If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC).
Article 39 If the defendant fails to entrust a defender, the people's court shall inform him of his right to entrust a defender within three days from the date of accepting the case; If the defendant fails to entrust a defender due to financial difficulties or other reasons, he shall be informed that he can apply for legal aid; If the defendant should be provided with legal aid, he shall be informed that he will notify the legal aid institution to appoint a lawyer to defend him according to law.
Article 42 If the following defendants fail to entrust a defender, the people's court shall notify the legal aid institution to appoint a lawyer to defend them:
Blind and deaf;
(two) mental patients who have not completely lost the ability to identify or control their own behavior;
(3) Persons who may be sentenced to life imprisonment or death. When a higher people's court reviews a death penalty case, if the defendant fails to entrust a defender, it shall notify the legal aid institution to appoint a lawyer to defend him.
Article 43 If the defendant fails to entrust a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him:
(1) In the same criminal case, other defendants have entrusted defenders;
(2) Cases with significant social impact;
(3) Cases protested by people's procuratorates;
(four) the defendant's behavior may not constitute a crime;
(5) Other circumstances in which lawyers need to be entrusted to provide defense.
Legal basis:
Article 39 of the Criminal Procedure Law stipulates that defense lawyers can meet and correspond with criminal suspects and defendants in custody. Other defenders, with the permission of the people's courts and people's procuratorates, may also meet and correspond with criminal suspects and defendants in custody.
If a defense lawyer holds a lawyer's practice certificate, a law firm's certificate, a power of attorney or a letter of legal aid to ask for a meeting with the criminal suspect or defendant in custody, the detention center shall arrange the meeting in time, which shall not exceed 48 hours at the latest.
In criminal cases endangering national security and terrorist activities, defense lawyers should obtain permission from the investigation organ when meeting with the criminal suspect in custody during the investigation.
The investigation organ shall notify the detention center of the above situation in advance.
When a defense lawyer meets a criminal suspect or defendant in custody, he can understand the case and provide legal advice.
From the date when the case is transferred for examination and prosecution, the relevant evidence may be verified with the criminal suspect or defendant. Defense lawyers are not monitored when meeting with criminal suspects and defendants.
The provisions of the first, third and fourth paragraphs shall apply to the meetings and correspondence between defense lawyers and criminal suspects and defendants who are under surveillance.