The law provides that if the defendant in a criminal case is a minor and has not appointed a defender, the people's court shall designate a lawyer who is obligated to provide legal aid to provide a defense. If the court fails to appoint a defense lawyer for the defendant, your aunt can file a motion to invalidate the trial process.
2. "The court gave my aunt a summons . . meaning that if she doesn't get a lawyer . . to appear in court on her own for defense ."
Your aunt as a legal guardian, the people's court must notify your aunt to appear in court. But appearing in court is not for your brother's defense work. The defense should be appointed by the People's Court to serve as a lawyer. Your aunt is advised to raise the issue of procedural violations of the People's Court process in court.
3, "due to the evidence, my aunt thinks it is unnecessary to find a lawyer"
Whether the family of the person concerned has the ability and willingness to find a lawyer, for the defendant is a minor, if there is no defender, the court must appoint a defense lawyer.
4, "Now seek 1 defense speech in court . Please express your opinion after . Attach a copy of the speech . Thank you"
Format is as follows:
Respected presiding judge, respected judges of the panel:
Trusted by the defendant XXX, I participate in this case as its defense. On the charges of the Indictment, the following defense opinions:
XXXX
The above opinions for the reference of the panel.
Defense:
Date:
Reference to Law:
Article 34 of the Criminal Procedure Law: In cases where the public prosecutor appears in court to prosecute a case, and the defendant does not appoint a defender due to financial difficulties or other reasons, the people's court may designate a lawyer who has assumed the obligation to provide legal aid to provide for the defendant's defense.
Where the defendant is blind, deaf, dumb or a minor and has not appointed a defender, the people's court shall designate a lawyer who is obligated to provide legal aid to provide for the defendant's defense.
Where the defendant is liable to the death penalty and has not appointed a defender, the people's court shall designate a lawyer who is obligated to provide legal aid to provide for his or her defense.
Some Provisions of the Supreme People's Court on the Trial of Criminal Cases Involving Minors
Article 15 The people's court shall, in accordance with the law, ensure that a minor defendant is provided with a defense.
Where a minor defendant under the age of eighteen at the time of the trial has not appointed a defender, the people's court shall designate a lawyer who has assumed the obligation to provide legal aid to provide a defense for him or her.
During the course of the trial, the minor defendant and his legal representative may refuse to have a defender defend him
Article 19 Before the trial begins, the legal representative of the minor defendant shall be notified to appear in court. If the legal representative is unable to appear in court or is indeed unfit to appear in court, he or she shall separately notify other guardians or other close adult relatives to appear in court. Upon notification, the other guardian or adult close relatives do not appear in court, the people's court shall record in the file.
Article 20: Before the trial begins, the presiding judge of a juvenile criminal case may, if he or she deems it necessary, arrange for the legal representative or other close adult relatives, teachers and other persons to meet with the juvenile defendant.
Article 21 Before the trial begins, the prosecution and defense may separately investigate the minor defendant's character traits, family situation, social contacts, upbringing, and performance before and after the commission of the alleged offense, and produce written materials for submission to the panel. If necessary, the people's court may also entrust the relevant social organizations and organizations to investigate the above situation or conduct their own investigations.