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Introduction to Appointed Defense Counsels

▍Introduction to Appointed Defense Counsels


I. The case in which a public defender or attorney is appointed by the court to defend for the defendant

(1)The case in which the court shall appoint a public defender or attorney to defend for the defendant

If the case in which the defendant is involved falls into any of the following circumstances and the defendant fails to retain an attorney for himself/herself, the court shall appoint a public defender or attorney to defend for the defendant.

  1. Where the minimum punishment is no less than three-year imprisonment.
  2. Where a high court has jurisdiction over the first instance.
  3. Where the defendant is unable to make a complete statement due to mental disorder or other mental deficiencies.
  4. Where the defendant is an aborigine, and is being prosecuted or is put on trial following the general procedure.

(2)The case in which the defendant may apply to the court for the appointment of a public defender or attorney to defend for the defendant

If the defendant is qualified as low-income or middle-low-income household, as defined in the Public Assistance Act, and fails to retain an attorney for defense, the defendant may apply to the court for the appointment of a public defender or attorney to defend for the defendant.

(3)The court may appoint a public defender or attorney to defend for the defendant if the court deems it necessary for the case.

(4)If the defendant fails to retain a defender during the detention hearing of an investigation, the presiding judge shall appoint a public defender or attorney to defend for the defendant; provided, however, that this rule does not apply where the appointed defender has not shown up after being waited for more than four hours and the defendant requests voluntarily for the commencement of interrogation. If the retained defender fails to appear in court without a valid reason, the presiding judge may appoint a public defender or attorney to defend for the defendant.

II. During the plea bargaining process, the agent or defender of the defendant may participate to negotiate a plea bargain. If the defendant expresses his/her willing to accept an imprisonment for more than six months without suspension of sentence, and fails to retain an attorney for defense, the court shall appoint a public defender or attorney as the defender to assist the defendant to negotiate a plea bargain.

III. The defendant is not liable for the attorney fees for the case in which the court appoints a public defender or attorney to defend for the defendant or assist the defendant to negotiate a plea bargain.

IV. If an indigent defendant intends to apply to the Legal Aid Foundation (or its branch) for legal aid according to the Legal Aid Act, the court will provide necessary assistance or referral.

  • Release Date : 2020-04-08
  • Update : 2020-04-09
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