Refusal to defend is divided into two situations: the first is that the suspect and the defendant refuse the defender to defend them; The second is that the defense lawyer refuses to defend. Article 39 of the Criminal Procedure Law stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust other defenders to defend him." The Supreme Court interprets the provisions of Article 36: "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) a person who is blind, deaf, dumb or with limited capacity; (two) minors under the age of eighteen at the time of hearing; (3) Persons who may be sentenced to death. " Article 38 stipulates that "if the defendant insists on exercising the right of defense and refuses the defender appointed by the people's court to defend him, the people's court shall allow it and record it;" The people's court shall allow the defendant to refuse the defender appointed by the people's court to defend him under any of the circumstances specified in Article 36 of this Interpretation, if there are justified reasons, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. " Article 165 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 court session. If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, it shall announce the postponement of the trial.
Legal objectivity:
Can a criminal suspect refuse to defend? How does the criminal defense law stipulate? Refusal to defend can be divided into two situations: the first is that the suspect and the defendant refuse the defender to defend them; The second is that the defense lawyer refuses to defend. Article 39 of the Criminal Procedure Law stipulates: "During the trial, the defendant may refuse the defender to continue to defend him, or entrust other defenders to defend him." The Supreme Court interprets the provisions of Article 36: "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) a person who is blind, deaf, dumb or with limited capacity; (two) minors under the age of eighteen at the time of hearing; (3) Persons who may be sentenced to death. " Article 38 stipulates that "if the defendant insists on exercising the right of defense and refuses the defender appointed by the people's court to defend him, the people's court shall allow it and record it;" The people's court shall allow the defendant to refuse the defender appointed by the people's court to defend him under any of the circumstances specified in Article 36 of this Interpretation, if there are justified reasons, but if the defendant needs to entrust another defender, the people's court shall appoint another defender for him. " Article 165 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 court session. If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, it shall announce the postponement of the trial. After the new court session, if the defendant refuses to be defended in court by a newly-appointed defender or a newly-appointed defense lawyer of the people's court, the collegial panel shall handle it separately according to the circumstances: (1) If the defendant is an adult, permission may be granted. However, the defendant may not entrust another defender, and the people's court may not appoint another defense lawyer. The defendant can defend himself. (two) the defendant has one of the circumstances stipulated in Article 36 of this interpretation, and shall not be allowed. If a defender or defense lawyer is entrusted or appointed in accordance with the provisions of Article 164 of this Interpretation and the first and second paragraphs of this Article, the time for preparing the defense shall not be included in the trial period from the date of postponing the trial of the case to the tenth day.