According to the relevant provisions of the Criminal Procedure Law, first of all, criminal suspects and defendants have the right to defense. The right of defense is the most basic litigation right of criminal suspects and defendants. According to the way of exercising the right of defense, the right of defense of criminal suspects and defendants can be divided into self-defense, entrusted defense and designated defense. It should be made clear that criminal suspects and defendants are the subjects of the right of defense, and the purpose of lawyers and defenders participating in litigation at the investigation stage is to assist criminal suspects and defendants to exercise their right of defense according to law. In litigation, the defense lawyer shall not refuse to defend after accepting the entrustment, except that the entrusted matters are illegal, except that the client uses the lawyer to engage in illegal activities or the client conceals the facts. The defendant has the right to refuse the defender to continue to defend him at any time. 1. Criminal suspects and defendants enjoy the right of defense in the whole criminal proceedings, that is, the right of defense runs through the whole criminal proceedings. 2. A criminal suspect can only defend himself in the investigation stage, but he can entrust a lawyer to provide legal advice after the first interrogation by the investigated organ or the day when compulsory measures are taken. According to the judicial interpretation of the six ministries and commissions, in the investigation stage, if a criminal suspect hires a lawyer, he can hire it himself or his relatives can hire it on his behalf. If a criminal suspect in custody proposes to hire a lawyer, the detention organ shall promptly convey his request to the relevant investigation organ handling the case, and the investigation organ shall promptly convey his request to the person entrusted by him or his law firm. If a criminal suspect only wants to hire a lawyer, but can't mention the specific object, the investigation organ shall promptly notify the local lawyers association or the judicial administrative organ to recommend a lawyer for him. 3. For a public prosecution case, the criminal suspect has the right to hire a defender from the date when the case is transferred for examination and prosecution. In a case of private prosecution, the defendant may hire a defender at any time. 4. At the trial stage, the defendant who meets the legal circumstances has the right to entrust defense. Designated defense can be divided into "can" designation and "should" designation. The judicial interpretation of the Supreme Law further stipulates that 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) meeting the standards of economic difficulties set 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 expenses of defense lawyers after repeated persuasion; (4) In the same criminal case, other defendants have entrusted defenders; (5) Having foreign nationality; Cases with significant social impact; ⑦ The people's court considers that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing. The legal circumstances in which the defense should be appointed include: the defendant may be sentenced to death; The defendant is a minor who is blind, deaf, dumb, with limited capacity or under the age of 18 at the time of hearing. Second, public security organs, people's procuratorates and people's courts have the obligation to protect the right of defense of criminal suspects and defendants. Mainly manifested in: the public security organ should promptly send the request of the criminal suspect to entrust a lawyer to the corresponding law firm, local lawyers association or judicial administrative organ. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the defendant that he has the right to entrust a defender. After the people's court decides to hold a hearing, it shall serve a copy of the indictment of the people's procuratorate on the defendant ten days before the hearing at the latest. If the defendant has not appointed a defender, he shall be informed that he can appoint a defender or, when necessary, appoint a lawyer who undertakes the obligation of legal aid to defend him. "Article 165 of the Judicial Interpretation of the Supreme Law stipulates:" If the defendant refuses the defender to defend him in court and requests to entrust another defender, he shall agree and announce the 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. "If the defendant refuses to entrust the defendant or the defense lawyer appointed by the people's court to appear in court again to defend him after the new court session, the collegial panel shall handle it separately according to the situation: 1. If the defender is an adult, permission can be given. However, the defendant may not entrust another defender, and the people's court may not appoint another defense lawyer. The defendant can defend himself. 2. If the defendant is in a legal situation, he shall appoint a defense, which is not allowed.
Legal objectivity:
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.