A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Time from filing a case to opening a court session:
1, in three cases. The first is criminal cases, criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month. The second case is a civil case. After the court accepts a case, it is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month.
2, in special circumstances need to be extended, with the approval of the dean, can be extended for six months; If an extension is needed, it shall be reported to the Higher People's Court for approval. After the case is filed, the court will arrange the trial time according to the trial procedure. If the case has not been filed for more than six months, it is recommended to wait patiently and contact the court accepting the case to understand the process.
To sum up, the public prosecution case needs to hire a lawyer, and the criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
Legal basis:
Article 33 of the Criminal Procedure Law of People's Republic of China (PRC)
A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.