Definition of time to prepare for defense, when to appoint the defense officer

The time for appointing a defense is: After the people's court decides on trial, if the defendant has not retained a defender, when necessary, appoint a lawyer with legal aid obligations to provide him with a defense. This is the time when a defence lawyer is appointed to intervene in the criminal proceedings, i.e. the scope of the defence is only present at the trial stage of the case.

As an important part of the criminal defense system, the designated defense is also an advanced stage of criminal legal aid, and has a positive effect on standardizing and improving criminal justice activities, the system started late in China, and there is a big gap between the international conventions and the criminal legal aid standards stipulated by many countries in the common law and civil law systems, and the scope of arbitrary designation is too wide, and it fails to fully reflect the modern judicial concept of human rights protection and procedural justice, and is one of the basic requirements of the modern legal system for judicial fairness. That is, in any trial involving whether a criminal suspect has committed a crime and how to punish him, he must be given full right to a defence, including the right to a lawyer.

1. The application of the designated defense.

Where the defendant has not retained a defender, in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China, the people's court should consider several circumstances in which a defender has been appointed for him:

1) In cases where the public prosecutor appears in court for public prosecution, and the defendant has not retained a defender, the people's court may appoint a defender for him.

2) Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, the people's court shall appoint a defender for him.

3) Where the defendant might be sentenced to life imprisonment or death, the people's court shall appoint a defender for him.

According to judicial practice, the people's court will also consider appointing a defender for the defendant in the following five circumstances:

1) If there are several defendants in a case, and only one or more of them have appointed a defender, and the others have not been retained, the court may appoint a defender for the other persons in the case.

2) If the defendant is a national of Yuzhou or the case has foreign-related factors, and the defendant has not retained a defender, the court may appoint a defender for him.

3) Where there is a defendant who can be sentenced to life imprisonment or higher, and has not retained a defender, the court shall appoint a defender for them.

4) When the defendant tried by the people's court of a non-minority area is of ethnic origin, and the defendant does not understand ordinary language and has not retained a defender, the court may appoint a defender for him.

5) The court may appoint a defender for the defendant who is old and infirm and unresponsive, and has not retained a defender.

Legal Analysis: Designated defense refers to when a criminal case enters the trial stage, and when there are statutory circumstances, the people's court appoints a defender to defend the defendant. The designated defense in criminal proceedings in our country is only applicable to the trial stage of a criminal case, and the defender appointed by the people's court can only be a lawyer who bears the obligation of legal aid in accordance with law.

The defender's responsibility is to submit materials and opinions that prove the criminal suspect or defendant's innocence, that the crime is minor, or that their criminal responsibility is mitigated or exempted from criminal responsibility on the basis of facts and law, so as to preserve the lawful rights and interests of the criminal suspect or defendant.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 35: Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, they may apply to a legal aid institution for their own accompaniment and their close relatives. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.

Where a criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense. Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

1) The facts of the crime, the circumstances and means of the crime and the consequences, the nature of the crime and the alleged crime 2) The role in the crime, the principal offender or the accessory; Age, intent or negligence at the time of the offense; 3) the imminent or attempted commission of the crime; 4) the impact on society; 5) Evidence of innocence or lesser guilt; 6) The suspect's attitude of admitting guilt and showing repentance; 7) The criminal suspect's meritorious service and his willingness to return stolen goods or give compensation; 8) Relevant provisions of the Criminal Law, such as age regulations, provisions on first-time offenders, recidivism, whether or not to surrender voluntarily, reporting the crimes of others, major meritorious service and specific provisions of the Criminal Law; 9) Victim's request. In judicial practice, the defender shall make a determination of the facts of the crime with the parties before making a defense, and if the parties do not have the facts of the crime, they may conduct a not-guilty defense, and if there are criminal facts, they should conduct a defense of the lesser crime, because these two types of defense cannot be applied at the same time, and if the defense of innocence is conducted, the defense of the lesser crime cannot be carried out.

According to article 34 of the Criminal Procedure Law, a criminal suspect has the right to retain a defender from the date on which he is first interrogated by the investigating organ or when compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time. When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender. Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf. After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.

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