There are two situations in which the refusal of defense is divided into two situations: the first is when the criminal suspect or defendant refuses to be defended by the defender; the second is when the defense lawyer refuses to defend. Article 39 of the "Criminal Procedure Law" stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or he may entrust other defenders to defend him." The Supreme Court explained Article 36: "The defendant If a person has not entrusted a defender and has one of the following circumstances, the people's court shall appoint a defender for him or her: (1) A person who is blind, deaf, mute or has limited capacity; (2) A minor under the age of 18 at the time of the hearing; (2) A minor under the age of 18 at the time of the hearing; 3) Persons who may be sentenced to death. "Article 38 stipulates that "If the defendant insists on exercising the right to defend and refuses to be defended by the defender designated by the People's Court, the People's Court shall allow it and record it in the record; In one of the circumstances stipulated in Article 36, if there are legitimate reasons for refusing to defend a defender appointed by the people's court, the people's court shall allow it. However, if the defendant needs to appoint another defender, the people's court shall appoint another defender for him. "Article 3 Article 165 stipulates: "If the defendant refuses to be defended by a defender in court and requests to appoint another defender, he shall agree and announce a postponement of the trial. If the defendant requests the People's Court to appoint another defense lawyer and the collegial panel agrees, the trial shall be postponed.
Legal objectivity:
Article 34 of the "Criminal Procedure Law": A criminal suspect has the right to entrust a defender from the day he is first interrogated or takes compulsory measures by the investigative agency. ; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to appoint 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 appoint a defender.