Can the lawyer on duty appear in court to defend?

The lawyer on duty shall not appear in court to defend. Defensive state is different. The duty of the lawyer on duty is to provide legal aid to defendants and criminal suspects who have not entrusted defenders; The lawyer on duty shall not appear in court to defend. In criminal proceedings, lawyers are entrusted by the defendant or appointed by the court to defend the defendant according to law, and they need to put forward materials and opinions to prove the innocence, light crime or reduce or exempt their criminal responsibility according to specific cases, so as to safeguard the legitimate rights and interests of the suspect and defendant.

In the pilot reform of the lenient system of confession and punishment, legal advice, procedure selection, application for changing compulsory measures and other legal assistance were provided for criminal suspects and criminal defendants who voluntarily pleaded guilty and punished, and opinions were put forward on the conviction and sentencing suggestions of procuratorial organs. The criminal suspect shall sign a confession and repentance in the presence of the lawyer on duty. Legal aid lawyers do not provide court defense services. A criminal suspect or defendant who meets the requirements of legal aid may be represented by a lawyer appointed by a legal aid institution upon application or notification.

Legal basis: 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 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.

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.