Legal opinions on whether the defendant can change his defender after the trial.

Legal Opinions on Defendant Cao Moumou's Right to Change Defender Jiangsu Higher People's Court: The case of Cao Moumou taking bribes is currently being tried in the second instance of your hospital. Now the defendant Cao Moumou filed an application to replace the original defenders Wang Moumou and Huang Mou, and agreed that his family Huang entrusted Zhang Qingsong and Mao Lixin, lawyers of Beijing Shangquan Law Firm, as defenders (see the application written by the defendant Cao Moumou and the power of attorney signed and confirmed). We believe that it is the defendant's legal right to refuse to entrust a defender to defend him or entrust another defender during the trial, and the court has no right to deprive or restrict him. In this case, after the defendant Cao Moumou refused to continue to defend him and confirmed Zhang Qingsong and Mao Lixin as his defenders, your hospital should be allowed according to law; If it is not allowed, it constitutes a serious violation of the law and must be corrected immediately. Article 32 of China's Lawyers Law stipulates: "A client may refuse his entrusted lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer as a defender or agent." Accordingly, the defendant has the right to refuse to defend, and the exercise of this right does not need to explain the reasons, and there is no restriction on any litigation stage. Article 39 of the current criminal procedure law (note: Article 43 of the new criminal procedure law) stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him." The so-called "trial" here is a general term for trial and judgment. The so-called "trial process" should be understood as the process of the court hearing and judging cases. Therefore, as long as the defendant applies for changing the defender before sentencing, the court should allow it. Specific to this case, the people's court shall allow the defendant Cao Moumou to apply for changing the defender after the trial and before the verdict. Based on the defendant's right to refuse to defend, once the defendant refuses the defender to continue to defend him, the defender should withdraw from the lawsuit. Therefore, after the defendant Cao Moumou explicitly put forward the application for replacing the defender, the original defenders Wang Moumou and Huang Mou have lost their identity and rights as defenders. At this time, if the court does not allow the defendant's other defenders to intervene in the lawsuit, it will lead to the defendant's lack of defenders in the subsequent litigation stage, which in fact deprives and restricts the defendant's right to defense, thus leading to serious violations of the law in the trial procedure. To sum up, the defendant Cao's request to change the defender of the original trial and entrust Mao Lixin, a Beijing Shangquan Law Firm, as his defender is completely legal and should be allowed by our court. In order to ensure a fair trial according to law, please consider it carefully and allow it as soon as possible! Lawyer of Beijing Shangquan Law Firm: Mao Lixin 20 12 May 29.