(1) In a public prosecution case, the defendant If a defender is not appointed due to financial difficulties or other reasons, the people's court may appoint a defender.
(2) If the defendant is blind, deaf, mute or a minor and has not appointed a defender, the court shall appoint a defender for him; other disabled people and the elderly, as defendants, are unable to do so due to financial difficulties. If a lawyer is hired, the court may appoint a defender.
(3) If the defendant has not retained a defender and may be sentenced to death, the court shall appoint a defense lawyer for him.
(4) If the court considers that the case is serious and it is necessary to appoint a defender for the defendant, it shall also appoint a defender for the defendant.
Legal Basis
Article 12 of the "Legal Aid Regulations": In cases where the public prosecutor appears in court for public prosecution and the defendant fails to retain a defender due to financial difficulties or other reasons, the people's court shall appoint a defender for the defendant , legal aid agencies should provide legal aid.
If the defendant is blind, deaf, mute or a minor and has not appointed a defender, or the defendant may be sentenced to death and has not appointed a defender, and the people's court appoints a defender for the defendant, legal aid Institutions should provide legal aid without examining the financial status of the defendant.
What are the preparations before the trial?
1. Determine the members of the collegial panel;
2. Send copies of the retrial decision and appeal to the procuratorate at the same level , and notify the case file to be reviewed and prepare for the trial;
3. Send copies of the retrial decision and protest to the original trial defendant (original appellant) at the latest 30 days before the trial, and inform them that they can entrust The defender may also designate a lawyer with legal aid obligations as the defender in accordance with the law;
4. Notify the defender to review the case file and prepare for a court hearing. Notify the defender to check the case file and prepare to appear in court, no later than 15 days before the trial, and no later than 60 days before the trial for major and difficult cases;
5. Notify the procuratorate of the court opening time, Location, no later than 7 days before the hearing;
6. Summon the parties. Summon the parties, notify defenders, agents ad litem, witnesses, appraisers, and translators, and serve summonses and notices 7 days before the court session; 7. For public hearing cases, make an announcement in advance 7 days before the court session. The cause of the case, the name of the defendant in the original trial (the appellant in the original trial), the time and place of the hearing.
The people's court shall notify the procuratorate, parties or defenders 30 days before the hearing to review and copy the new evidence catalog and copies and photos of new evidence submitted by both parties. The People's Court shall notify the prosecution and defense 15 days before the hearing to review and copy the new evidence catalogue, copies of new evidence, photos and other evidence acquired by the People's Court. After the prosecution and defense receive the retrial decision or protest, and the People's Court notifies the court date, they may submit new evidence.
After the People's Court decides to retry or accepts a protest, if the defendant in the original trial (appellant in the original trial) is serving his sentence, the People's Court shall remand the case for retrial in accordance with the retrial decision or protest decision and the retrial notice and other documents; the defendant in the original trial shall If the person (appellant in the original trial) is in custody, the retrial may change the verdict to not guilty, and the people's court decides to suspend the execution of the original ruling, the person may be released on bail pending trial; if the defendant in the original trial (appellant in the original trial) is not in custody, it is necessary to collect evidence again. If the defendant in the original trial (appellant in the original trial) is not in custody and it is indeed necessary to take compulsory measures and meets the conditions for taking compulsory measures stipulated by law, the People's Court shall rule to suspend the execution of the original ruling and then take compulsory measures in accordance with the law.