Legal Basis
Article 34 of the Criminal Procedure Law
From the day when a criminal suspect is first interrogated or takes compulsory measures by the investigative agency Starting from the beginning, the person has the right to entrust a defender; during the investigation, he can only entrust a lawyer to act as a defender. The defendant has the right to retain a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigative agency shall inform him of his right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The people's court shall inform the defendant of the right to entrust a defender within three days from the date of accepting the case. If a criminal suspect or defendant requests to entrust a defender while in custody, the People's Court, People's Procuratorate, and Public Security Bureau shall promptly convey the request.
While a criminal suspect or defendant is in custody, his or her guardian or close relative may also appoint a defender on his or her behalf.
After accepting the commission of a criminal suspect or defendant, the defender shall promptly notify the case handling agency.