China's defense system has three types of defense: self-defense, entrusted defense and appointed defense. The defense system is generally aimed at criminal suspects or defendants. It means managing things. Defend the interests of yourself or others. When the court hears a case, the defendant and defender defend and explain the accused facts according to facts and laws. Defendants only appear in criminal proceedings.
Defense refers to the litigation activities in which criminal suspects, defendants and their defenders put forward evidence and reasons in favor of the defendant according to facts and laws, indicating that the defendant is innocent, the crime is light or the punishment should be mitigated or exempted. Based on the legal right of defense, defense is a basic litigation function, which is put forward and opposed to complaints. No charges, no defense. Only after the defendant is accused can the defendant and his defender defend. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended. From the beginning of criminal proceedings, the defendant has the right to present materials and opinions favorable to him, refute the charges against him and defend himself. Defendants can not only defend themselves, but also entrust lawyers and other defenders to defend themselves.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 34 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near 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.