In view of the accusation made by the public prosecution agency against the defendant, the basic defense methods that criminal defense can choose are: case fact defense, insufficient evidence defense and legal application defense. Defending the facts of a case refers to actively discussing and proving that the specific behavior of the defendant is different from the facts of the case put forward by the public prosecution agency, and refuting the facts of the case put forward by the public prosecution agency, that is, the public prosecution agency did not fully prove the defendant's criminal behavior with evidence. The defense of the facts of the case can be divided into: 1. The defense that does not meet the constitutive requirements of the crime. The common methods are: (1) stating or proving that the defendant does not have the statutory requirements of the crime. (2) State or prove that the defendant has no criminal intention or criminal purpose subjectively. (3) state or prove that the defendant objectively did not commit a criminal act. (4) state or prove that it does not have the criminal purpose and criminal consequences required by some criminal constitutions. 2. Outside the Law with excessive defense generally includes: the defendant has not reached the age of criminal responsibility, the defendant is incapable of criminal responsibility for other reasons (mental reasons), the defendant has justifiable defense, emergency avoidance or unexpected circumstances. 3. plot defense. According to the facts of the case, the defense lawyer puts forward that the defendant has the facts and circumstances that are conducive to a lighter punishment, such as first offense, surrender, meritorious service, confession, victim's fault, crime preparation, attempted crime, suspension of crime, subordination in the same crime, and criminal threat. legal basis
article 35 of the criminal procedure law. 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. 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.