1. Can I refuse to appoint a defense lawyer?
According to Article 165 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant refuses the defender to defend him in court and requests to entrust another defender, he shall agree and announce the postponement of the trial.
If the defendant requests the people's court to appoint another defense lawyer and the collegial panel agrees, it shall announce the postponement of the trial.
After the new court session, if the defendant refuses to entrust a new defender or a defense lawyer appointed by the people's court to appear in court again to defend him, the collegial panel shall handle it separately according to the circumstances:
(1) If the defendant is an adult, permission can be granted. However, the defendant can no longer entrust or the people's court can no longer entrust another defender, and the defendant can defend himself.
(two) the defendant has one of the circumstances stipulated in Article 36 of this interpretation (that is, compulsory designated defense), and shall not be allowed.
The above-mentioned provisions stipulate the right of the general designated defense object to refuse to appoint a legal aid lawyer twice and then defend himself. The object of compulsory defense can only enjoy the right to refuse to appoint a legal aid lawyer once, and cannot refuse to appoint a legal aid lawyer for the second time.
Second, the scope of application of appointed defense lawyers
If a criminal suspect or defendant is unable to hire a defender due to financial difficulties or other reasons, the judicial organ may appoint a defender for him. Generally, there are three factors to consider when appointing a defender: first, the complexity of the case; The second is the severity of the case; The third is the self-defense ability of criminal suspects and defendants.
China's appointed defense only applies to the trial stage, and the appointed defender can only be a lawyer, and should be a lawyer who undertakes legal aid obligations according to law.
According to Article 34 of the Criminal Procedure Law of China, the court appoints a defender for the defendant in the following three situations:
1. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. In the case of public prosecutor appearing in court, the purpose of appointing a defender for the defendant is to enhance the defendant's defense ability and enable him to confront the prosecution on an equal footing.
2. The defendant is blind, deaf, dumb or a minor and has not entrusted a defender. Because these defendants are physically disabled or restricted by age, it is difficult to fully exercise their right to defense and safeguard their legitimate rights and interests. Therefore, the law gives them special protection.
3. The defendant may be sentenced to death without entrusting a defender. This is mainly because the death penalty is the most severe punishment to deprive people of their lives, so we should take an extremely cautious attitude towards the death penalty. Appointing defenders for defendants who may be sentenced to death is of great significance for ensuring that innocent people are killed well and protecting citizens' legitimate right to life.
You can also hire a professional lawyer to help you when you file a civil lawsuit. If the client can't afford the lawyer's fee, he can also apply for legal aid. When applying for legal aid, you must have sufficient reasons to prove that you really need legal aid to safeguard your legitimate rights and interests, and apply to the legal aid institution where the parties live.