Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases. Legal aid lawyer is a lawyer's position, and its biggest feature is free. No matter whether it is an aid lawyer in a broad sense or an aid lawyer in a narrow sense, as long as they are engaged in legal aid services, they cannot charge lawyer fees.
Article 26 of the State Council's Regulations on Legal Aid: In any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law:
(a) to provide legal aid to those who do not meet the conditions of legal aid, or to refuse to provide legal aid to those who meet the conditions of legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(four) embezzlement and misappropriation of legal aid funds.
The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Twenty-eighth lawyers in any of the following circumstances, given a warning by the judicial administrative department, ordered to make corrections; If the circumstances are serious, a penalty of stopping practicing 1 month or more and 3 months or less shall be imposed:
(1) Refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Twenty-ninth lawyers who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Lawyers Law.
Extended data:
The legal aid center is the official name of the government's legal aid institutions, and the judicial administrative departments of the people's governments of municipalities directly under the central government, cities divided into districts and counties determine the legal aid institutions within their respective administrative areas according to their needs.
It is a legal service institution established by the state to provide free legal services for vulnerable groups who need legal services but are unable to hire lawyers due to economic difficulties, and specific personnel who need legal aid according to the law but have not hired lawyers themselves (such as those who may be sentenced to life imprisonment or death penalty in criminal cases, juvenile offenders, etc.). ).
In addition, there are some legal aid centers of social organizations and institutions, such as legal aid centers set up by colleges and universities, legal aid centers for the protection of women's and children's rights and interests of women's federations, and legal aid centers set up by trade unions. And public welfare centers organized by social welfare institutions are also free.
These social legal aid centers are all guided by the legal aid centers set up by the Bureau of Justice, and the staff of the social legal aid centers are composed of non-lawyer legal scholars, legal experts or their legal workers.
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