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我国的《刑事诉讼法》第34条第1款规定:“公诉人出庭公诉的案件,被告人因经济困难或其他原因没有委托辩护人的,人民法院可以指定承担法律援助义务的律师为其提供辩护。”学理上称之为任意指定辩护,其特点是对于被告人因经济困难或其他原因没有委托辩护人的案件,法院有是否指定辩护律师的自由裁量权,不指定辩护律师亦不违反程序规定,故而不少基层法院对此类情况没有指定承担
Article 34, paragraph 1, of the Code of Criminal Procedure of our country stipulates: “When a public prosecutor appears in court for public prosecution or the defendant fails to appoint a defender due to financial difficulties or other reasons, the people’s court may provide defense to a lawyer who has assumed the obligation of legal aid. ”In theory, it is called an arbitrarily designated defense. It is characterized by whether the court has discretion to appoint a defense lawyer or does not appoint a defense lawyer nor violates the procedural requirements in cases where the defendant has not appointed a defender due to financial difficulties or other reasons Many grass-roots courts have no designated commitment to such situations