Comparison between appointed defense and entrusted defense in criminal proceedings According to Article 15 1 of the Criminal Procedure Law, 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 10 at the latest. The defendant did not entrust a defender. Inform the defendant that he can entrust a defender or, if necessary, appoint a lawyer who undertakes the obligation of legal aid to propose three ways of defense for him. Among them, entrusted defense is more effective than the other two ways, and it is the main and important way for criminal suspects and defendants to realize their right to defense. Compared with appointed defense, entrusted defense has a limited scope of application. The law stipulates that designated defense only applies to specific situations, and these ranges account for a limited proportion in criminal cases. Therefore, the scope of application of designated defense is small. In contrast, the scope of application of entrusted defense is infinite and extremely extensive. Secondly, the application stage of appointed defense is limited. According to the law, the scope of appointed defense only exists in the trial stage of the case, and criminal proceedings have entered the later stage. Entrusted defense can be carried out from the criminal case to the stage of examination and prosecution, and the degree of participation in criminal proceedings is earlier than that of designated defense. Third, the range of people who can act as entrusted defenders according to law is greater than those who can act as appointed defenders. According to the law, only lawyers can accept the appointment of the people's court as the defendant's defender. However, in addition to lawyers, there are people's organizations or people recommended by the units where the suspects and defendants work, as well as guardians, relatives and friends of the suspects and defendants. The application of appointed defense in China's criminal proceedings is only applicable 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. Therefore, designated defense, also known as criminal legal aid, is applicable to the following situations: 1. If the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend him. 2. If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. 3. If the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. In addition, the Supreme People's Court's judicial interpretation further stipulates the designated defense. According to the regulations, if the defendant has not entrusted a defender, the people's court shall appoint a defender for him under any of the following circumstances: 1. Blind, deaf, dumb or with limited capacity; 2. Under the age of 18 at the time of hearing; 3. People who may be sentenced to death. The judicial interpretation also stipulates that the people's court may appoint a defender for the defendant in any of the following circumstances: 1. The defendant meets the standard of financial difficulties stipulated by the local government; 2. I really have no financial resources, 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. Have 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. [Related Law]: Article 34 In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. Articles 36, 37 and 39 of the Interpretation of the Criminal Procedure Law.
Legal objectivity:
Paragraph 1 of Article 34 of the Criminal Procedure Law: 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. Article 35 Paragraph 1 If a criminal suspect or defendant fails to appoint 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.