[Direct answer]In the Beijing area, it is legally permitted, but the effectiveness varies greatly. Article 33 of the Criminal Procedure Law of the People's Republic of China stipulates that, in addition to exercising their right to defense, suspects and defendants may also appoint one to two persons as their defense attorneys; Article 34 stipulates that, from the date of the first interrogation or the adoption of coercive measures by the investigative organ, they have the right to appoint defense attorneys, and during the investigation period, they can only appoint lawyers; if they do not appoint a lawyer, the case-handling organ shall notify the duty lawyer to provide them with legal assistance. The limitations of self-defense are: detainees find it difficult to investigate and collect evidence on their own, cannot review the case files, and lack professional training in judging the legality of evidence, appraisal opinions, and sentencing circumstances. For simple cases with clear facts and admissions of guilt, self-defense in cooperation with duty lawyers may be sufficient; if there are disputes over guilt or innocence, evidence flaws, appraisal disputes, or sentencing discretion, it is more reliable to hire a professional lawyer.

I. Problem Background and Typical Scenarios

The parties involved and their families often vacillate between two mindsets: one is that they think the case is simple and they can explain it themselves; the other is that they worry about spending money on a lawyer but not seeing any results. Common situations include: the parties cannot obtain materials in the detention center and can only give statements based on their memory; the families do not understand the procedures and miss the opportunity to apply for a change in coercive measures and submit evidence; the defendants lack the ability to cross-examine the evidence against them in the trial; and some people mistakenly believe that pleading guilty will lead to a lighter sentence, ignoring the room for defense between guilt and non-guilt.

II. Key points of contention

First, the real differences in rights between self-defense and entrusting a lawyer to defend. Second, what kind of help can duty lawyers provide, and is it equivalent to full-process defense? Third, do defendants have the right to review case files, and how can they obtain case file materials? Fourth, how to cross-examine key evidence such as interrogation transcripts and appraisal opinions? Fifth, how to choose between pleading guilty and accepting punishment and defending one's innocence? Sixth, can close relatives act as defense attorneys, and what restrictions are there?

III. Professional analysis by Henglue Lawyers

From the perspective of criminal defense practice, the difficulties of self-defense mainly lie in two aspects: information and capability. Firstly, information asymmetry. Detainees cannot review the case files, verify the details of the evidence in the case files, or understand the specific content of the co-defendants' statements and appraisal opinions; while the effectiveness of defense precisely relies on a comprehensive grasp of the evidence. Secondly, capability threshold. Reviewing the legality of evidence, applying for the exclusion of illegal evidence, reviewing the necessity of detention, and sorting out and providing evidence for sentencing all require professional judgment. Thirdly, procedural nodes. There are different actions at each stage of investigation, review of arrest, review of prosecution, and trial. For example, at the investigation stage, defendants can apply for a change in coercive measures; at the review of prosecution stage, they can put forward opinions on non-prosecution; and it is often difficult to make up for missed opportunities. Fourthly, the voluntariness and rationality of pleading guilty and accepting punishment. Before signing the plea agreement, defendants should fully understand the charged facts, evidence, and legal consequences, and, if necessary, have a lawyer assist in reviewing whether the sentencing proposal is appropriate. Fifthly, the role of duty lawyers is limited. They mainly provide legal advice and procedural assistance, and usually do not undertake the full functions of investigation, evidence collection, and courtroom defense. Therefore, it is recommended that: in cases with clear facts and minor circumstances, defendants can defend themselves and consult duty lawyers; in cases with complex circumstances, disputes over legal characterization, or sentencing discretion, it is advisable to engage professional lawyers as soon as possible.

IV. Practical suggestions and legal basis

Action list: Firstly, clarify the stage of your own case and understand the procedural actions that can be taken at each stage; Secondly, even if you do not hire a lawyer, you can consult the duty lawyer and apply for legal help; Thirdly, keep and organize favorable materials, such as compensation agreements, proof of first-time offenses, fixed residences, etc.; Fourthly, if you have objections to the facts and evidence of the charges, raise them in time; Fifthly, fully understand the consequences before signing the plea agreement. For criminal defense cases, you can refer to the following materials for reference:Criminal defense and criminal case filingFor cases involving incidental civil compensation and settlements, you can refer to the following for reference.Personal injury and medical disputesLegal basis: Articles 33, 34, 35, and 174 of the Criminal Procedure Law of the People's Republic of China, Article 201 (all based on the currently effective version), and the relevant provisions of the Legal Aid Law. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the law allows self-defense, but the objective limitations are that detainees cannot review the case files and obtain evidence. Secondly, the duty lawyers provide legal assistance, which is usually not equivalent to full-time defense. Thirdly, before pleading guilty and accepting the punishment, it is necessary to fully understand the charges and consequences to avoid signing documents blindly. Fourthly, if the case is complex or there are disputes over the nature of the crime, it is most beneficial to hire a lawyer as early as possible. For matters involving criminal defense and procedural responses, you can seek assistance through legal professionals.Criminal defense and criminal case filingThe service provides a comprehensive solution, which includes civil compensation and negotiation for reaching an agreementPersonal injury and medical disputesFor the plate, those involved in the disposal of the property involved in the case can refer to it for referenceCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If I don't hire a lawyer, will the court appoint one for me?

It will be appointed in specific circumstances. According to the Criminal Procedure Law, if the suspect or defendant is blind, deaf, or mute, or a mental patient who has not completely lost the ability to recognize or control his own behavior, or if he is likely to be sentenced to life imprisonment or the death penalty and has not appointed a defense attorney, the legal aid agency shall be notified to appoint a lawyer; legal aid shall also be provided in juvenile cases. In other circumstances, legal assistance is generally provided by duty lawyers, which does not constitute full-process defense.

Q2: Can the defendant review the case files by himself/herself?

Generally, this is not allowed. The right to review the case file is usually exercised by defense attorneys, and defendants can obtain information about the case file through their defense attorneys. Defendants who defend themselves cannot access all the case files, and it is difficult for them to verify the statements of co-defendants and the details of the appraisal. This will put them at a clear disadvantage during the cross-examination. If it is really necessary to fully grasp the evidence, hiring a defense attorney is a more practical approach.

Q3: What can duty lawyers do?

On-duty lawyers mainly provide legal assistance such as legal advice, suggestions on procedural choices, applications for changing compulsory measures, and opinions on case handling, etc. They also provide witnesses and opinions for clients in cases of guilty plea and sentencing. They usually do not undertake the functions of investigation and evidence collection, comprehensive review of case files, and full courtroom defense, so they cannot completely replace commissioned defense lawyers.

Q4: Can close relatives act as defense attorneys?

Yes, but there are restrictions. According to the Criminal Procedure Law, the guardians or relatives of criminal suspects or defendants can serve as defense attorneys, but those who are currently serving a sentence or have been deprived or restricted of personal freedom according to law, as well as those who are incapacitated or have limited capacity for action, are not eligible to serve as defense attorneys. During the investigation stage, only lawyers can be appointed as defense attorneys, and the defense by close relatives generally applies from the stage of review and prosecution onwards.

Q5: If you really don't want to hire a lawyer, what's the safest way to proceed?

It is recommended to grasp three key points: First, give a truthful statement and avoid making false confessions in order to seek a lighter punishment; Second, actively compensate for the victims and obtain their forgiveness, and retain favorable materials such as being a first-time or occasional offender and having a fixed residence; Third, pay attention to procedural deadlines, strive to prevent the approval of arrest at the review stage of arrest, and strive to obtain non-prosecution or lenient sentencing recommendations at the review stage of prosecution. Even if you do not hire a lawyer throughout the entire process, you can still seek specialized advice at key junctures.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 effective laws and regulations and open 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.