What do you mean by appointed defense? Designated defense refers to the defense in which the people's court appoints a defender to defend the defendant when the criminal case enters the trial stage. The appointed defense in China's criminal proceedings only applies to the trial stage of criminal cases, and the defenders appointed by the people's courts can only be lawyers who undertake legal aid obligations according to law. The responsibility of the defender is to put forward materials and opinions to prove the innocence, light crime or reduce or exempt the criminal responsibility of the criminal suspect and defendant according to facts and laws, and to safeguard the legitimate rights and interests of the criminal suspect and defendant. The appointed defense can be divided into "should be appointed" and "can be appointed". The so-called "should be appointed" means that the court must appoint a lawyer as a defender for the defendant. If no defender is appointed, it is illegal for no defender to participate in the trial of the lawsuit. The so-called "can specify" means that the court can specify or not, and whether it is specified or not is legal. 1. According to the law, under any of the following circumstances, the people's court "should" appoint a defender for the defendant: (1) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender; (2) The defendant was under the age of 18 at the time of hearing; (3) The defendant may be sentenced to death without entrusting a defender. 2. If the defendant has not entrusted a defender, the people's court may "appoint a defender" for him under any of the following circumstances: (1) The defendant meets the standard of financial difficulties stipulated by the local government; (2) I really have no source of income, and my family's economic situation cannot be ascertained; (3) I really have no financial resources, and my family members are still unwilling to bear the defense lawyer's fees after repeated persuasion; (4) In the same criminal case, other defendants have entrusted defenders; (5) Having foreign nationality; (6) Cases with significant social impact; (7) The people's court believes that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing. The above is what Bian Xiao has compiled for you. Whether appointed defense or entrusted defense, defense lawyers need to put forward their own views according to facts and laws to safeguard the legitimate rights and interests of criminal suspects and defendants. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.
Legal basis:
Article 278 of the Criminal Procedure Law If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.