Not necessarily, the main body of assigning lawyers to defend is legal aid institutions. Whether legal aid institutions should appoint lawyers to defend criminal suspects and defendants can be divided into two situations. The application can be made by the criminal suspect, the defendant himself and his near relatives, or the people's court, the people's procuratorate and the public security organ can notify the legal aid institution to appoint a lawyer to provide defense.
1, the criminal suspect, the defendant himself and his near relatives apply.
The Criminal Procedure Law stipulates that if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
In criminal cases, if a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, he may apply for legal aid:
(1) There is evidence to prove that the criminal suspect or defendant belongs to the first or second degree mental disability;
(2)*** In the same criminal case, other criminal suspects and defendants have entrusted defenders;
(3) The people's procuratorate lodged a protest;
(4) The case has a significant social impact.
2, the public security organ shall notify the legal aid institutions to appoint lawyers to provide defense.
People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend criminal suspects and defendants, which can be divided into four situations:
(1) The criminal suspect and defendant are minors;
(2) The criminal suspect or defendant is blind, deaf or dumb;
(3) The criminal suspect or defendant is a mental patient who has not completely lost the ability to identify or control his own behavior;
(4) Criminal suspects and defendants are people who may be sentenced to life imprisonment or death.
If the above-mentioned four kinds of people have not entrusted defenders, the public security organs, people's procuratorates and people's courts shall, within 3 days from the date of discovering the situation, notify the legal aid institutions affiliated to the judicial administrative organs at the same level to appoint lawyers to defend them.
Finally, if a criminal suspect or defendant refuses to accept an appointed lawyer in a case where an appointed lawyer provides legal aid, he may refuse to defend with the appointed lawyer, insist on self-defense, or entrust another defender.
According to the relevant laws and regulations, eligible parties can apply for the appointment of lawyers by the court or the parties themselves. If the parties are dissatisfied with the appointed lawyers, they can request to change the appointed lawyers or entrust other lawyers, or they can defend themselves.