If the defendant refuses to defend him twice by a lawyer, is the defendant required to defend himsel

According to paragraph 34 of the Criminal Procedure Law of the People's Republic of China, where the defendant is blind, deaf, mute, or a minor and has not retained a defender, the people's court shall designate a lawyer who bears the obligation of legal aid to provide him with a defense. Where the defendant might be sentenced to death and has not retained a defender, the people's court shall designate a lawyer who bears legal aid obligations to provide him with a defense.

Therefore, in the above circumstances, the defendant may refuse once, and after refusing, he may retain a defender by himself, and if he does not entrust himself, the court shall formulate a defense, that is, a defender must be present in the end (if a defense is refused, there must be a reason).

In other circumstances, it may be refused twice, but in the end it is not allowed to retain a defender, and where a defense is refused, no reason is required.

Defendants or criminal suspects who are blind, deaf, or mute, or mentally ill persons who have not completely lost the ability to recognize or control their own behavior, and who may be sentenced to life imprisonment or death, may not defend themselves.

Article 34 of the Criminal Procedure Law.

Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, they and their close relatives may submit an application to a legal aid institution. 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.

Where the defendant has not retained a defender, the people's court shall appoint a defender in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China:

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 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 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 foreigner or the case has foreign-related elements, and the defendant has not retained a defender, the court may appoint a defender for him. (3) Where a defendant who might be sentenced to a sentence of life imprisonment or higher has not retained a defender, the court may appoint a defender for him. (4) When the defendant in the people's court of a non-ethnic minority area is an ethnic minority, 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.

If the defendant you are talking about does not fall into one of the above situations, then only the defendant is defending himself.

The defendant may refuse the defender's defense if he believes that the defender is incompetent It is a right of the defendant in litigation to entrust the defender to defend himself. It is an obligation of the defender to accept the entrustment and defend the defendant in accordance with the law during the trial. Where the defendant feels that the defender's defense is unfavorable to him or against his will, he has the right to reject the defender's defense and have his own defense.

Or the defendant believes that he is guilty, fully accepts the prosecutor's accusations, and there is no need for the defender to defend himself, or he may refuse the defender to continue to defend himself halfway. If the defendant feels that the defender's defense is not convincing or does not agree with the defender's defense opinions, he may refuse his defense and retain another defender to defend him. This is a right given to the defendant by the law in the lawsuit, and the law allows it.

Where a defendant has not retained a defender and the people's court appoints a defender for him, if the defendant resolutely refuses the defender appointed by the people's court to defend him and insists on exercising his right to defend himself, the people's court may allow it and shall record it in the case file. If the defendant is deaf, blind, mute or intermittently mentally ill and mentally ill and unable to fully recognize his own actions; ** Minors at the time of the trial; Where the people's court has appointed a defender for a person who might be sentenced to death, and the defendant has legitimate reasons for refusing a defender appointed by the people's court to defend himself, the people's court shall allow it, but the defendant needs to retain another defender, or the people's court may appoint another defender for him. Where the defendant refuses the defender's defense at court and requests that another defender be retained or a lawyer appointed, the collegial panel shall allow it.

After the defendant refuses the defender's defense, and there is no defender, an adjournment shall be announced; Where there is still a defender, the trial may continue. Where a case involving multiple defendants is cleverly dismissed, and some defendants refuse a defender's defense, but there is no defender, the defendant may be handled in a separate case based on the circumstances of the case, and the trial of the other defendants may continue. Where, during the course of trial, the defender refuses to defend the defendant, it shall be permitted; Whether or not to continue the trial is to refer to the above provisions.

Where after refusing to defend, another defender is retained or a lawyer is appointed, the defender is to prepare a defense from the date on which the case is adjourned until the 15th day, except where the defendant's and his defender's resources are shortened. If your situation is more complicated, the network also provides lawyer** consulting services, and you are welcome to conduct legal advice.

Article 14 of the Criminal Procedure Law: The people's courts, people's procuratorates, and public security organs shall ensure that criminal suspects, defendants, and other litigation participants enjoy the right to a defense and other procedural rights in accordance with law. Litigation participants have the right to file accusations against adjudicators, procurators, and investigators for violations of citizens' procedural rights and personal insults.

Legal Analysis: After the defendant's defense refuses to defend the stool cover bureau in court, it can:

1. Where it is requested to retain another defender or appoint a lawyer, the collegial panel shall approve it;

2. After the defendant refuses the defender's braids, and there is no defender, the trial shall be announced to be adjourned and a date shall be chosen**;

3. Where there is still a defender, their right to a defense can still be guaranteed, and the trial may continue;

4. In cases where there are multiple defendants, and some of the defendants refuse to defend the defender, based on the circumstances of the case, the defendant may be handled in a separate case, and the trial of the other defendants may continue.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 45: During the course of trial, the defendant may refuse a defender to continue to defend him, and may also retain another defender to defend him.

Legal analysis: During the course of the trial, the defendant may refuse to allow the defender to continue to defend him, or may also retain another defender to defend him. There are two types of refusal to defend:

The first is that the criminal suspect or defendant refuses to defend the defender; The second is that the defense lawyer refuses to defend.

Legal basis: Article 36 of the Interpretation of the Supreme Court of Criminal Procedure of the People's Republic of China provides: "In any of the following circumstances, the people's court shall appoint a defender for the defendant in any of the following circumstances:

1) Persons who are blind, deaf, mute, or have limited capacity for conduct; (2) Minors who were under the age of 18 at the time of trial; (3) Persons who may be sentenced. Article 38 stipulates that "where the defendant insists on exercising his right to defend himself and refuses a defender appointed by the people's court to defend him, the people's court shall allow it and record it in the case file; Where the defendant has any of the circumstances provided for in article 36 of this interpretation and refuses a defender appointed by the people's court to defend him, and there is a legitimate reason, the people's court shall permit it, but the defendant needs to retain another defender, or the people's court shall appoint another defender for him. "Article 165 provides:

Where the defendant refuses a defender to defend him at court and requests that another defender be retained, he shall agree and announce an extension of trial. Where the defendant requests that the people's court appoint another defense lawyer, and the collegial panel agrees, an extension of trial shall be announced. Refers to Heng Town.

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