1. What should I do if the defendant has no money to ask a lawyer to hold a court session?
You can seek a solution through legal aid. According to the actual situation in China, the scope of legal aid mainly includes the following aspects:
Citizens who have not entrusted agents or defenders due to financial difficulties may apply for legal aid or be designated by the people's court to defend the following matters:
(a) to request state compensation according to law
(2) Requesting social insurance benefits or minimum living security benefits.
(3) Requesting pension and relief funds.
(4) Requesting to pay alimony, alimony and maintenance fees.
(5) requesting payment of labor remuneration.
(six) to claim the civil rights and interests arising from the courageous behavior.
Under any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken.
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution.
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Third, if the public prosecutor appears in court to prosecute a case, and the defendant fails to entrust a defender due to financial difficulties or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
Fourth, if the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
Two, the legal aid institutions need proof
(1) A certificate of the applicant's economic situation issued by the civil affairs department or a certificate of living conditions issued by the neighborhood committee or village committee.
(2) Income certificate and laid-off certificate issued by the applicant and his spouse.
(3) A copy of the relevant disability certificate issued by the Disabled Persons' Federation.
(4) Copy of ID card
(5) agency qualification certificate
(6) the written materials of the case or the written materials of the court filing.
To sum up, the defendant can apply for legal aid to help him defend himself if he can't afford a lawyer to hold a court session. The parties may also go to the local entrusted lawyer agency for consultation and consultation, and may choose a lawyer to hold a court session within their reasonable budget. Therefore, the fees charged by lawyers and lawyers are different. Please contact a lawyer for details.