First, a defense lawyer should be appointed.
According to the law, the people's court shall appoint a defender for the defendant in any of the following circumstances:
1, blind, deaf, dumb or with limited capacity.
2. Minors under the age of 18 at the time of hearing. ?
3. People who may be sentenced to death.
Second, you can appoint a defense.
In any of the following circumstances, the people's court may appoint a defender for the defendant:
1, which is in line with the economic hardship standard stipulated by the local government.
2. I really have no financial resources, and my family's economic situation cannot be ascertained.
3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion.
4. In the same criminal case, all other defendants have entrusted defenders.
5. Possession of foreign nationality.
6. The case has a significant social impact.
7. The people's court considers that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing.
In the above cases, the lawyer is free.
Extended data:
Social background of appointed defense:
The birth and formation of criminal defense system marks that a society's thinking on the significance of criminal justice and its spirit and technology has entered a new level. As an important part of legal aid, designated defense embodies the requirements of a society ruled by law for fair and civilized criminal justice.
Controlling crime and protecting human rights have become the dual values pursued by modern criminal justice. Litigants, especially criminal suspects and defendants, are not simple legal objects, and they have formed criminal legal relations with the state because of criminal acts.
In this criminal legal relationship, the state has the right to punish crimes, and criminal suspects and defendants have the obligation to accept legal punishment, but also enjoy the right not to be illegally investigated and punished.
However, as an individual defendant, due to the restriction of personal freedom and weak legal cognitive ability, it is determined that it is in a natural weak position compared with the public prosecution agency, and it is difficult to restrict the state's right to public prosecution and prevent its illegal infringement.
In modern society ruled by law, an important function of the rule of law is to redistribute social resources through public power according to the principle of fairness and justice, and give special material protection to the disadvantaged groups. Or with the help of the public, give special spiritual and moral protection to the vulnerable groups through conditions and obstacles; Or both, both.
Only by providing necessary legal aid can the defendant effectively exercise his right of appeal. Here, the right to appointed defense is no longer a folk charity act in the past, but has evolved into a right granted by the state to some defendants.
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