(1) In a case where a public prosecutor appears in court for public prosecution, if the defendant has not entrusted a defender, the people's court may appoint a defender for him.
(2) If the defendant is a deaf-mute or minor and has not entrusted a defender, the people's court shall appoint a defender for him.
(3) If the defendant may be sentenced to death, the people's court shall appoint a defender for him.
According to judicial practice, the people's court may also consider appointing defenders for defendants in the following five situations:
There are several defendants in the (1) case, and only one or several of them have entrusted defenders, while others have not. In this case, the court may appoint a defender for others.
(2) If the defendant is a foreigner or the case involves foreign factors and the defendant has not appointed a defender, the court may appoint a defender for him.
(3) If the defendant who may be sentenced to life imprisonment or more fails to entrust a defender, the court may appoint a defender for him.
(4) When the defendants tried by the people's courts in non-minority areas are ethnic minorities, the court may appoint defenders for the defendants who do not know the common language and have not entrusted defenders.
(5) The court may appoint a defender for an old, weak and unresponsive defendant who has not entrusted a defender.