In a criminal case, the people's court will assign a lawyer to the suspect. The suspect has not entrusted a defender, and on this basis, there are certain requirements for the suspect himself. For example, the suspect may be sentenced to life imprisonment or death penalty, which has a significant impact on social life or the suspect may not constitute a crime.
1. Under what circumstances will the court appoint a lawyer in a criminal case? Article 42 of the Supreme People's Court's Interpretation of Application: The people's court shall notify the legal aid institution to appoint a lawyer to defend the following defendants who have not entrusted a defender: (1) Blind, deaf and dumb; (two) mental patients who have not completely lost the ability to identify or control their own behavior; (3) Persons who may be sentenced to life imprisonment or death. When a higher people's court reviews a death penalty case, if the defendant fails to entrust a defender, it shall notify the legal aid institution to appoint a lawyer to defend him. Article 43 If the defendant fails to appoint a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him: (1) In the case of the same crime, other defendants have appointed a defender; (2) Cases with significant social impact; (3) Cases protested by people's procuratorates; (four) the defendant's behavior may not constitute a crime; (5) Other circumstances in which it is necessary to appoint a lawyer to provide defense.
second, what rights do lawyers have in the stage of examination and prosecution? 1. Lawyers have the right to consult, extract and copy the litigation documents and technical appraisal materials of this case. 2. The defense lawyer has the right to meet the criminal suspect and to correspond with the criminal suspect. 3. Lawyers have the right to investigate and collect relevant materials of the case. 4. As a defender or agent ad litem, a lawyer has the right to put forward opinions on the defense and agency of this case to the people's procuratorate according to the provisions of Article 139 of the Criminal Procedure Law. 5. If the criminal suspect is detained for an extended period of time during the review and prosecution stage, the defense lawyer has the right to demand that the criminal suspect be released or change compulsory measures according to law and be released on bail pending trial. If the criminal suspect's personal injury or personality is insulted, the defense lawyer has the right to file a complaint on behalf of the criminal suspect. 6. If the people's procuratorate makes a decision not to prosecute and the person who is not prosecuted refuses to accept the request, the defense lawyer may appeal to the people's procuratorate on his behalf after the person who is not prosecuted receives the decision. 7. If the victim refuses to accept the decision made by the people's procuratorate not to prosecute, the attorney can appeal to the people's procuratorate at the next higher level within seven days after the victim receives the decision. After the complaint is rejected, it can be brought to the people's court on its behalf, or it can be brought directly to the people's court without complaint. Generally speaking, the people's court will not assign a lawyer to a criminal suspect without reason. Assigning a lawyer is actually a form of legal aid. Just because the criminal suspect cannot afford a lawyer due to financial difficulties does not mean that the people's court will definitely assign a lawyer. In this case, the suspect and his family members can also apply for legal aid from the local legal aid agency.