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. There is no charge for applying for legal aid.
The characteristics of legal aid in China are as follows:
1. Legal aid is the responsibility of the state and the behavior of the government, which is organized and implemented by the legal aid agency established by the government. It embodies the obligations of the state and the government to citizens;
2. Legal aid is a legal and institutionalized act and an important part of the national social security system;
3 recipients are persons with financial difficulties, the disabled, the weak or special objects designated by the people's court;
4. The legal aid institution collects the legal service fee from the recipient, and the court reduces the litigation fee such as the case acceptance fee to the recipient;
5. The forms of legal aid include both litigation legal services and non-litigation legal services. Mainly take the following forms: criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 35, paragraphs 2 and 3, stipulates that if a criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. Article 48 A defense lawyer shall have the right to keep confidential the relevant information and materials of his client that he knows in his practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs. Article 52 Judges, prosecutors and investigators must, in accordance with legal procedures, collect all kinds of evidence that can prove the guilt or innocence of criminal suspects and defendants and the seriousness of crimes. It is strictly forbidden to extort confessions by torture and collect evidence by threats, enticements, deception or other illegal methods, and no one may be forced to prove his guilt. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.