What is the designated defense of legal aid defense?

1. What is the designated defense of legal aid defense? As an important part of criminal defense system and an advanced stage of criminal legal aid, designated defense has played a positive role in standardizing and improving criminal judicial activities. This system started late in China, which is far from the standards of criminal legal aid stipulated by international conventions, common law system and civil law system, and the scope of arbitrary designation is too wide, which fails to fully reflect the modern judicial concept of human rights protection and procedural justice. A basic requirement of modern legal system for judicial justice is that any trial involving whether a criminal suspect constitutes a crime and how to punish him must be given full defense rights, including guaranteeing his right to get help. Second, the limitation of the scope of designated defense. The proportion of defendants in criminal cases in China is quite low. Of the 396 cases concluded by the Fangzi District Court of Weifang City since 2004, 533 people were involved, and only 26/kloc-0 defendants were assisted by defenders, accounting for 48.9% of the total. More than half of the defendants in the appointed defense system did not hire lawyers to defend them because of economic conditions and other reasons. One of the important reasons for this situation is that the application of the appointed defense system is generally concentrated in a relatively narrow range of compulsory appointed defense. However, in the trial practice, a large number of defendants who are unable to hire a lawyer to defend because of financial difficulties are designed as "ambiguous" designated defense rulings, which leads to the defendant's right to defense in such cases not being effectively guaranteed. Limitations of the litigation stage 1, problems in the investigation stage/article 15 1 of China's criminal procedure law stipulates that the earliest time for the defendant to get the help of an appointed defender is ten days before the court session, which limits the appointed defense to the trial stage. After that, although Article 1 1 of the Legal Aid Regulations (hereinafter referred to as the Regulations) stipulates that "if a criminal suspect fails to hire a lawyer due to financial difficulties after the first interrogation by the investigating organ or the day when compulsory measures are taken, citizens can apply for legal aid from the legal aid institution", which will advance the assistance provided by lawyers to the investigation stage. However, it is of great significance to solve many problems existing in China's designated defense system. First of all, criminal legal aid is not defined as "defense" in legislation. According to the provisions of Article 96 of the Criminal Procedure Law, a criminal suspect may hire a lawyer to provide him with complaints and charges after the first interrogation by the investigation organ or from the day when compulsory measures are taken, and apply for bail pending trial for the arrested criminal suspect. The entrusted lawyer has the right to know the charges against the criminal suspect and to meet the criminal suspect in custody. It can be seen that legal aid lawyers are not given the mission of "defense" in the investigation stage, but their functions are only to provide general legal acts such as acting as agents to appeal and accuse, and they are not defensive in nature. Secondly, Article 1 1 of the Regulations is vague and not operational. "Citizens can apply for legal aid from legal aid institutions" certainly extends the subject of applying for legal aid to all citizens with financial difficulties, which embodies the spirit of "fairness" in criminal legal aid. However, citizens are only given the right to apply for criminal legal aid, but there are no corresponding implementation methods, procedures and liability clauses to give public prosecutors, legal organs and legal aid institutions the obligation to provide legal aid. This has led to the fact that investigation organs and procuratorial organs do not hand over cases requiring assistance to legal aid centers for the benefit of departments, which has greatly affected the quantity and quality of legal aid. 2. Problems in the trial stage An important prerequisite for the defendant to obtain effective legal aid is that the defense lawyer must have sufficient time to prepare the case and get in touch with the defendant as soon as possible to understand the case. However, in judicial practice, the appointed defense lawyer can only intervene in the proceedings 10 days before the trial. Due to time constraints, they simply can't make full and effective preparations, and it is difficult to really complete their defensive tasks, let alone the quality of defense. Legal aid defense can be designated defense, and the defense situation is generally that the defendant is blind, deaf or a minor. , the range is arbitrary. Even if the suspect committed a crime, he was given a chance to argue in court. In fact, the law is equal to all people. If he encounters such a problem, he can seek legal help in time.