Jurisprudence analysis: Compared with justifiable defense, entrusted defense is firstly the subject of justifiable defense, which is the criminal suspect and the defendant. They are the objects to be investigated for criminal responsibility according to law and have a direct interest in the outcome of the case. Because they may be sentenced to punishment, they often have serious ideological concerns and dare not defend or fully defend. Defenders have an independent litigation status in criminal proceedings, and it is their sacred and inviolable duty to defend criminal suspects and defendants according to law, and their performance of duties according to law is protected by law. They should and can safeguard the legitimate rights and interests of criminal suspects and defendants in accordance with the law, so that they are not infringed. Secondly, because criminal suspects and defendants are often taken compulsory measures in criminal proceedings, their personal freedom is restricted or even deprived to varying degrees, and they are unable to collect evidence and carry out necessary investigation activities, and they do not have the objective conditions to fully prepare their defense. The law gives defense lawyers the right to investigate and collect evidence according to law in criminal proceedings. Other defenders have superior objective conditions than criminal suspects and defendants and can make full defense preparations. Thirdly, most suspects and defendants lack legal expertise. He is not good at using the law correctly to safeguard his legal rights, but the defense lawyer has good professional quality and rich litigation experience. After long-term legal education, other defenders generally have the ability to effectively safeguard the legitimate rights and interests of clients. Compared with appointed defense, entrusted defense has a limited scope of application. The law stipulates that designated defense only applies to specific situations, and these ranges account for a limited proportion in criminal cases. Therefore, the scope of application of designated defense is small. In contrast, the scope of application of entrusted defense is infinite and extremely extensive. Secondly, the application stage of appointed defense is limited. According to the law, the scope of appointed defense only exists in the trial stage of the case, and criminal proceedings have entered the later stage. Entrusted defense can be carried out from the criminal case to the stage of examination and prosecution, and the degree of participation in criminal proceedings is earlier than that of designated defense. Third, the range of people who can act as entrusted defenders according to law is greater than those who can act as appointed defenders. According to the law, only lawyers can accept the appointment of the people's court as the defendant's defender. However, in addition to lawyers, there are people's organizations or people recommended by the units where the suspects and defendants work, as well as guardians, relatives and friends of the suspects and defendants.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 11 The people's courts shall hear cases in public, except as otherwise provided in this Law. The defendant has the right to be defended, and the people's court has the obligation to ensure that the defendant is defended.
Article 14 The people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law.
Article 32 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
Article 33 A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or compulsory measures are taken. During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.