Legal analysis
Refusing to defend is a right that the defendant refuses the defender to defend himself for some reason or without any reason during the trial. The object of refusing to defend can be a lawyer hired by himself or a lawyer provided by a legal aid institution. In the case of multiple defendants, if some defendants refuse to be defended by defenders, and there is no defender, the defendant can be dealt with separately according to the circumstances of the case, and the trials of other defendants will continue. After the new court session, if the defendant refuses the defender to appear in court again, it may be allowed, but the defendant may not entrust another defender or ask for another lawyer to defend himself. If the defendant is in a situation where legal aid should be provided and refuses the defender to appear in court again after the retrial, it will not be allowed. The person who should provide legal aid can only refuse to defend once. If the person who should provide legal aid refuses to entrust a defense lawyer, he must have a defense lawyer. Under normal circumstances, you can refuse to defend yourself twice, and then defend yourself after refusing twice. If the defendant refuses the defender to defend in court and requests to entrust another defender or appoint a lawyer, the collegial panel shall allow it. The criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons; I and my close relatives apply to legal aid institutions; Meet the conditions of legal aid. At this time, the defendant refused to accept the defense, which essentially revoked the authorization of the defender. In principle, the court can only respect and cooperate with the defendant in exercising this right. Just like the defender entrusted by the defendant, the defense lawyer appointed by the legal aid agency depends on the trust of the defendant, so the defendant has the right to refuse to accept his defense in principle.
legal ground
Article 32 of the Lawyers Law of People's Republic of China (PRC) * * * A client may refuse his lawyer to continue to defend or represent him, and at the same time, he may entrust another lawyer to act as a defender or agent. After accepting the entrustment, a lawyer shall not refuse to defend or represent without justifiable reasons. However, if the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, or the client deliberately conceals important facts related to the case, the lawyer has the right to refuse to defend or represent him.