Legal basis: Provisions on Procedures of Public Security Organs Handling Criminal Cases
Article 41 When interrogating a criminal suspect for the first time or taking compulsory measures against him, the public security organ shall inform the criminal suspect that he has the right to entrust a lawyer as a defender, and inform him that if he fails to entrust a defense lawyer due to financial difficulties or other reasons, he may apply for legal aid from a legal aid institution. Information should be recorded.
If a criminal suspect in the same case entrusts the same defense lawyer, or if two or more criminal suspects who are not involved in the case but commit a crime entrust the same defense lawyer, the public security organ shall require them to change their defense lawyers.
Article 42 A criminal suspect may entrust a defense lawyer by himself. If a criminal suspect is in custody, his guardian or close relatives may also entrust a defense lawyer to defend him on his behalf.
The request of a criminal suspect to entrust a defense lawyer may be in writing or orally. If it is put forward orally, the public security organ shall make a written record, which shall be signed by the criminal suspect and fingerprinted.