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.
The right of defense refers to a litigation right that criminal suspects and defendants are given by law to defend and refute charges in criminal proceedings. The right of criminal defense refers to the right of criminal suspects and defendants to refute and defend charges in criminal proceedings, which is a litigation right endowed by the Constitution and laws.
The right of defense is a kind of litigation right against accusations, which can refute accusations or defend certain actions or matters. 4. The right to defense includes the right of criminal suspects and defendants to defend themselves and refute accusations, the right to be defended by defenders, and the obligation of relevant authorities to ensure that criminal suspects and defendants are defended. 5. The right of defense is the litigation right that runs through the whole criminal procedure. It is a concentrated expression of the substantive power enjoyed by citizens or units in criminal proceedings. The whole litigation rights enjoyed by criminal suspects and defendants are at the core, and other litigation rights basically coordinate the exercise of defense rights.
legal ground
Article 34 of the Criminal Procedure Law of People's Republic of China (PRC)
In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend him.
If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.
If the defendant may be sentenced to death without entrusting a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him.