Legal basis: Article 34 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.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC).
Article 39 If the defendant fails to entrust a defender, the people's court shall inform him of his right to entrust a defender within three days from the date of accepting the case; If the defendant fails to entrust a defender due to financial difficulties or other reasons, he shall be informed that he can apply for legal aid; If the defendant should be provided with legal aid, he shall be informed that he will notify the legal aid institution to appoint a lawyer to defend him according to law.
Article 42 The people's court shall notify the legal aid institution to appoint lawyers to defend the following defendants who have not entrusted defenders: (1) Blind, deaf or dumb; (two) mental patients who have not completely lost the ability to identify or control their own behavior; (3) Persons who may be sentenced to life imprisonment or death. When a higher people's court reviews a death penalty case, if the defendant fails to entrust a defender, it shall notify the legal aid institution to appoint a lawyer to defend him.
Article 43 If the defendant fails to appoint a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him: (1) Other defendants have appointed a defender for the same criminal case; (2) Cases with significant social impact; (3) Cases protested by people's procuratorates; (four) the defendant's behavior may not constitute a crime; (5) Other circumstances in which lawyers need to be entrusted to provide defense.