On the other hand, in criminal cases, the lawyer appointed by the court is usually for the defendant. For example, if the defendant is underage or may be sentenced to death, if the defendant has no defender, the court will notify the legal aid department to appoint a lawyer.
Extended data:
Relevant laws and regulations:
Criminal Procedure Law of the People's Republic of China
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near 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.
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.
Article 45 During the trial, the defendant may refuse the defender to continue to defend him, or entrust another defender to defend him.
Article 46 The victims of public prosecution cases, their legal representatives or close relatives, and the parties involved in incidental civil actions and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.
The people's procuratorate shall, within three days from the date of receipt of the case materials transferred for examination and prosecution, inform the victims and their legal representatives or their close relatives, the parties involved in incidental civil litigation and their legal representatives that they have the right to entrust agents ad litem. The people's court shall, within three days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative, the parties to an incidental civil action and his legal representative that they have the right to entrust an agent ad litem.
Article 47 Entrusting an agent ad litem shall be carried out with reference to the provisions of Article 33 of this Law.
References:
Database of laws and regulations-Criminal Procedure Law of People's Republic of China (PRC) (revised version 20 18)