Litigation

Circumstances where legal aid can be obtained in criminal litigation

According to relevant laws of China, a foreign or stateless defendant who has not entrusted anyone to be his defender, the people’s court may inform the legal aid agency to appoint a lawyer to defend him. If the defendant refuses the defender to defend him, he shall issue a written declaration, or he will make an oral statement which should be put on record. If it falls into the situation where legal aid shall be provided, and the defendant refuses the appointed lawyer to defend him, the people’s court shall ascertain the reason. If there is a justified reason, the court shall grant it, but the defendant shall entrust another defender. If the defendant did not entrust another defender, the people’s court shall notice the legal aid organization in writing to appoint another lawyer to defend him within three days.