1. criminal suspects, defendants themselves and their close relatives apply. Article 34 of the Criminal Procedure Law stipulates that if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
In criminal cases, if a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, he may apply for legal aid:
(1) There is evidence to prove that the criminal suspect or defendant belongs to the first or second degree mental disability;
(2)*** In the same criminal case, other criminal suspects and defendants have entrusted defenders;
(3) The people's procuratorate lodged a protest;
(4) The case has a significant social impact.
2, the public security organ shall notify the legal aid institutions to appoint lawyers to provide defense. People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend criminal suspects and defendants, which can be divided into four situations:
(1) The criminal suspect and defendant are minors;
(2) The criminal suspect or defendant is blind, deaf or dumb;
(3) The criminal suspect or defendant is a mental patient who has not completely lost the ability to identify or control his own behavior;
(4) Criminal suspects and defendants are people who may be sentenced to life imprisonment or death.
If the above-mentioned four kinds of people have not entrusted defenders, the public security organs, people's procuratorates and people's courts shall, within 3 days from the date of discovering the situation, notify the legal aid institutions affiliated to the judicial administrative organs at the same level to appoint lawyers to defend them.
legal ground
Legal aid regulations
Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Article 35 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.