[Direct answer]In the Beijing area, the main differences lie in the subject of the entrustment, the fees, and the applicable circumstances. Article 33 of the Criminal Procedure Law of the People's Republic of China stipulates that, in addition to exercising their right to defense themselves, suspects and defendants may also appoint one to two defenders. Their guardians and close relatives may also appoint defenders on their behalf, which is known as entrusted defense. The fees shall be borne by the entrusting party. Article 35 and other provisions stipulate that for those who meet the statutory circumstances (such as the blind, deaf, mute, mentally ill persons who have not yet completely lost their ability to recognize or control themselves, minors, and those who may be sentenced to life imprisonment or death), the case-handling organs shall notify the legal aid institutions to appoint lawyers to defend them, which is known as designated defense. Generally, no fees are charged to the parties. In addition, those who have not appointed defenders due to financial difficulties may apply for legal aid defense in accordance with the law.
I. Problem Background and Typical Scenarios
After the family members are subject to compulsory measures, their biggest concern is whether they can hire a lawyer, how to hire one, and what to do if they can't afford one. Some people mistakenly believe that lawyers are only available in court, while others are unsure whether there is a conflict between appointed defense and self-hired defense. Understanding the differences between the two can help them make appropriate choices at different stages.
II. Key points of contention
First, the subject and number of defenders appointed by the client. Second, the applicable circumstances of appointed defense. Third, the differences in cost sharing between the two. Fourth, whether the client can still obtain appointed defense after self-appointing a defender. Fifth, the qualifications and scope of defenders.
III. Professional analysis by Henglue Lawyers
Henglue Lawyers compare from three perspectives. Firstly, the subject of entrustment: The defense is entrusted by the criminal suspect, the defendant himself or his guardian, or his close relatives, and one to two defenders can be appointed. The defenders can be lawyers, or people recommended by people's organizations or the defendant's unit, or guardians and relatives. Secondly, the appointed defense: For the blind, deaf, mute, mentally ill people who have not yet completely lost their ability to recognize or control themselves, minors, and those who may be sentenced to life imprisonment or death, the case-handling organ shall notify the legal aid agency to appoint a lawyer; for those who are financially disadvantaged or have no defense attorney for other reasons, they and their close relatives can apply for legal aid. Thirdly, fees and effectiveness: The defense entrusted by the client shall pay the lawyer's fees; the appointed defense shall be appointed by the legal aid agency, and the client generally does not need to pay, but the lawyer still needs to independently perform the defense duties according to law, and the quality of the defense shall be subject to the professional norms. Fourthly, relationship handling: If the client has already entrusted a defense attorney, the appointed defense will generally not be appointed separately; if the appointed defense and the entrusted defense coexist, they should be properly coordinated to avoid conflicts in the defense opinions. Fifthly, practical choice: Families with conditions should entrust a lawyer as soon as possible so as to intervene in the investigation stage to meet with the client, apply for bail, and fix evidence; for those who are truly unable to afford it, they should actively apply for legal aid to safeguard the basic right to defense. 恒略律师从三个维度进行对比。一是委托主体:辩护由犯罪嫌疑人、被告人本人或其监护人、近亲属委托,可委托一至二人为辩护人;辩护人可以是律师,也可以是人民团体、被告人所在单位推荐的人或监护人、亲友。二是指定辩护:对盲、聋、哑人,尚未完全丧失辨认或控制能力的精神病人,未成年人,可能被判处无期徒刑、死刑的人等,办案机关应当通知法律援助机构指派律师;对经济困难或其他原因没有委托辩护人的,本人及其近亲属可以申请法律援助。三是费用与效力:委托辩护由委托人支付律师费;指定辩护由法律援助机构指派,当事人一般无需付费,但律师仍须依法独立履行辩护职责,辩护质量受执业规范约束。四是关系处理:若当事人已自行委托辩护人,则一般不再另行指定;若指定辩护与委托辩护并存,应妥善协调,避免辩护意见冲突。五是实践选择:有条件的家庭宜尽早委托律师,以便在侦查阶段即介入会见、申请取保、固定证据;确无力承担的,应积极申请法律援助,保障基本辩护权。
IV. Practical Suggestions and Legal Basis
Action suggestions: First, confirm as soon as possible whether you fall into the circumstances requiring the appointment of a defense attorney; Second, apply for legal aid in time if you meet the conditions, so as not to miss the investigation stage; Third, if you appoint a defense attorney on your own, you should sign a power of attorney contract and clarify the scope of services; Fourth, when both appointed and self-appointed defense attorneys exist, communicate and coordinate with the defense attorneys to unify the defense strategy. For criminal defense cases, you can refer to the following materials for reference:Criminal defense and criminal case filingFor reference, please refer to the application process for legal aid.Special servicesLegal basis: Articles 33, 34, 35, and 36 of the Criminal Procedure Law of the People's Republic of China (currently in force), and relevant provisions of the Legal Aid Law of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Advice
Firstly, appointed defense is free of charge, but it only applies under statutory circumstances, so there's no need to feel embarrassed about applying for it. Secondly, entrusting defense at an earlier stage and with more flexible choices is advisable, and it's better to entrust defense as soon as possible if conditions permit. Thirdly, there's a limit to the number of defense attorneys, and attention should be paid to the restriction of one to two attorneys. Fourthly, when entrusting and appointed defense coexist, it's necessary to coordinate them to avoid conflicts of opinion. For cases involving the connection between criminal defense and legal aid, it can be handled through the following methods:Criminal defense and criminal case filingThe service provides a comprehensive solution, which integrates legal aid and procedural rightsSpecial servicesFor those involved in administrative procedures, you can refer to the following sections for more information:Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, please feel free to consult us.Personal injury and medical disputesTeam.
VI. Frequently Asked Questions
Q1: If I don't have the money to hire a lawyer, will the court appoint one for me?
Those who meet the requirements may apply. For blind, deaf, and mute individuals, minors, and those who may be sentenced to life imprisonment or the death penalty, the case-handling agencies shall notify the legal aid institutions to assign lawyers; for those who are financially disadvantaged, they and their close relatives may also apply for legal aid.
Q2: Can I have both a lawyer appointed by the court and my own lawyer at the same time?
It can exist, but it needs to be coordinated. Generally, if the client has already appointed a lawyer on their own, there will be no need to appoint another one. When both exist, the defense strategy should be unified to avoid conflicting views affecting the defense effect. The specific arrangements should be determined through communication between the client and the lawyer.
Q3: Will the lawyer appointed for defense handle the case seriously?
Yes. The appointed defense attorney is also subject to the Lawyers Law and professional norms, and must independently perform his defense duties in accordance with the law. If you believe that he has not fulfilled his responsibilities, you can report it to the legal aid agencies or the bar association, and if necessary, appoint another attorney.
Q4: When is it best to hire a lawyer?
The earlier, the better, preferably during the investigation stage. Lawyers can meet with clients in time, understand the case, apply for changes to coercive measures, and secure favorable evidence. Early involvement often helps to gain more room for subsequent defense.
Q5: How many defense attorneys can I appoint?
The criminal suspect or defendant may appoint one to two people as their defenders. The number of defenders can be selected based on the complexity of the case and professional requirements. If necessary, a team consisting of a lead lawyer and an assistant lawyer may be formed.
The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.