Huang was prosecuted by the people's procuratorate for alleged intentional homicide. After the case was handed over to the court, Huang and his family did not hire a lawyer to participate in the lawsuit. Huang's family is in financial difficulties, and the cost of hiring a lawyer is astronomical for him, and he can't afford it at all. Huang's family also believes that Huang is likely to be sentenced to death for intentional homicide. There is no point in finding a lawyer, so I don't want to find a lawyer. So, Huang Can only defends himself? Lawyer's review
Although Huang Can chooses to defend himself, the court should also notify the legal aid institution to appoint a defense lawyer for him. Criminal suspects and defendants usually don't know much about the law and need the help of professionals to safeguard their legitimate rights and interests. Therefore, entrusting defense lawyers is particularly important for criminal suspects and defendants, and it is also the guarantee for the realization of criminal suspects and defendants' right to defense. If professionals can't participate in litigation on their own behalf, then the suspect, the defendant and the prosecution are not on the same level from the beginning, and they are all different starting points, which is unfair to the defendant. In order to eliminate unfair factors, the state has formulated corresponding relief clauses, that is, to appoint defense lawyers for defendants who cannot hire lawyers for special reasons, so as to ensure fairness and equality in criminal proceedings to the greatest extent.
In this case, Huang, the criminal suspect, committed the crime of intentional homicide and may be sentenced to death, which meets the conditions stipulated by law that "the legal aid institution shall be notified to appoint a lawyer to defend him". Although he did not hire a lawyer himself, the court should also inform the legal aid agency to appoint a lawyer for Huang, and the appointed lawyer will abide by professional ethics and give priority to the legitimate interests of the parties. In this way, the legitimate rights and interests of vulnerable groups in criminal proceedings can be better guaranteed.
legal ground
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
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.
Criminal Procedure Law of the People's Republic of China
Article 34 Paragraph 1 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.
Special reminder
It is an important principle of criminal procedure law that criminal suspects and defendants have the right to defense. Therefore, according to the law, if a criminal suspect has no money to hire a lawyer, he can apply to a legal aid institution for the appointment of a lawyer. Only in this way can the fairness and justice of the case be guaranteed.