China's main defense types
One: Self-defense
Self-defense refers to the behavior of criminal suspects and defendants to refute, defend and excuse the charges. This kind of defense runs through the whole criminal procedure. Whether in the investigation stage or in the trial stage, criminal suspects and defendants can defend themselves. According to Article 32 of the Criminal Procedure Law, criminal suspects can only defend themselves in the pre-trial stage of investigation.
Two: entrusted defense
Entrusted defense means that a criminal suspect or defendant entrusts a lawyer or other citizen as a defender to assist him in his defense.
1. According to Article 33 of the Criminal Procedure Law, the defendant in a private prosecution case has the right to entrust a defender at any time. The people's court shall, within 3 days from the date of accepting the case of private prosecution, inform the defendant that he has the right to entrust a defender.
2. The criminal suspect in a public prosecution case has the right to entrust a defender from the date when the case is transferred to the People's Procuratorate for examination and prosecution. (1) A criminal suspect may hire a lawyer to provide legal aid after being interrogated for the first time by the investigation organ or from the day when compulsory measures are taken. (2) The people's procuratorate shall, within 3 days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. (3) The criminal suspect has the right to entrust a defender to a case directly accepted by the people's procuratorate from the date when the criminal investigation department of the people's procuratorate transfers the case to the examination and prosecution department.
3. According to Article 15 1 of the Criminal Procedure Law, if the defendant fails to appoint a defender before the opening of the court session 10, the people's court shall inform the defendant that he can appoint a defender.
China's criminal procedure law follows the principle of autonomy of will in choosing defenders for criminal suspects and defendants, and the criminal suspects and defendants decide whether to entrust defenders and who to entrust them. However, there are three restrictions: 1, which can only be selected within the scope of persons designated by law as defenders; 2. The maximum number of trustees is two; 3. Defenders shall not defend more than two co-defendants.
Three: appointed defense
Designated defense means that under some special circumstances stipulated by law, the people's court designates a lawyer who undertakes the obligation of legal aid as the defendant's defender to assist the defendant in defense.
China's appointed defense only applies to the trial stage, and the appointed defender can only be a lawyer.
Designated defense includes:
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 provide defense. The Supreme People's Court's Interpretation has made specific provisions on the circumstances in which defenders can be appointed, including:
(1) conforms to the economic hardship standard stipulated by the local government;
(2) I really have no source of income, and my family's economic situation cannot be ascertained;
(3) I really have no financial resources, and I am still unwilling to bear the defense expenses after repeated persuasion by my family;
(4) In the same criminal case, other defendants have entrusted defenders;
(5) Having foreign nationality;
(6) Cases with significant social impact;
(7) The people's court believes that the prosecution opinions and the obtained evidence materials may affect the correct conviction and sentencing. The appointed defender shall be a lawyer who undertakes the obligation of legal aid according to law.
2. If the defendant is blind, deaf, dumb or with limited capacity, or is a minor under the age of 18 at the time of hearing, and has not entrusted a defender, the people's court shall designate 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.