According to the Supreme People's Court's judicial interpretation, if the defendant insists on exercising the right of defense and refuses the defender appointed by the people's court to defend him, the people's court shall allow it and file a case. If the defendant is blind, deaf, mute or with limited capacity, a minor under the age of 65 at the time of trial, and a person who may be sentenced to death, the people's court shall allow it, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him.
Another kind of refusal to defend in criminal proceedings means that lawyers refuse to continue to defend criminal suspects and defendants. Article 29 of the Lawyers Law stipulates that if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities or the client conceals the facts, the lawyer has the right to refuse to defend. According to the relevant provisions of the Lawyers Law, after accepting the entrustment, a defense lawyer shall not refuse to defend without justifiable reasons. Therefore, there are strict legal conditions for lawyers to refuse to defend, and only those who meet the above conditions can refuse to defend. This is different from the right to refuse defense of criminal suspects and defendants.