The starting point of entrusting a defender in criminal proceedings

Legal analysis: A criminal suspect can hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or the day when compulsory measures are taken. If a criminal suspect is arrested, the lawyer hired may apply for bail pending trial; In cases involving state secrets, the criminal suspect's employment of a lawyer shall be approved by the investigation organ; The criminal suspect may hire a lawyer to defend a public prosecution case from the date when the case is transferred for examination and prosecution; A defendant in a case of private prosecution may ask a lawyer to defend him at any time. Victims of public prosecution cases and their legal representatives or close relatives, and parties to incidental civil actions and their legal representatives may entrust lawyers as 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, the parties to an incidental civil action and their legal representatives, and the parties to an incidental civil action and their legal representatives may entrust a lawyer as an agent ad litem at any time.

Legal basis: Article 34 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that a criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it. If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.