First, what are the main defense work of lawyers in criminal legal aid work?
1. Accept the entrustment of the parties and represent them in criminal defense within the scope permitted by law;
2. Sign a criminal defense agency agreement with the parties;
3, meet with the parties, understand the specific case, to provide advice for bail pending trial;
4. Investigate and collect evidence related to the case and defend the parties;
5. Put forward the defense opinion that the parties are not guilty or mitigated punishment to the court during the trial;
6. Acting as an agent for appeal cases, preparing appeal materials and filing a case for retrial, and participating in the defense of retrial cases;
7. Acting as an agent in criminal cases, reporting and accusing criminal acts in cases of private prosecution and public prosecution;
8. Accept the employment of relevant enterprises or state organs and various legal person organizations, and conduct training on crime prevention and criminal risk prevention and control.
Second, the object and scope of legal aid
(1) Legal aid recipients
The Criminal Procedure Law of People's Republic of China (PRC) and the Regulations of the People's Republic of China on Legal Aid stipulate that:
1. People's Republic of China (PRC) citizens who meet the following conditions can apply for legal aid:
(1) There are sufficient reasons to prove that it is necessary to help safeguard its legitimate rights and interests;
(2) unable or completely unable to pay legal service fees due to economic difficulties (the standards for citizens' financial difficulties shall be implemented by all localities with reference to the provisions of local government departments).
2, blind, deaf, dumb and minors as criminal defendants or criminal suspects, did not entrust a defense lawyer, should get legal aid.
Other disabled and elderly people who are criminal defendants or criminal suspects and are unable to hire a defense lawyer due to financial difficulties can get legal aid.
If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid.
3. In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the people's court appoints a lawyer to defend him, he can get legal aid.
(ii) Scope of assistance
According to the provisions of Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid, if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend:
1, request state compensation according to law.
2. Request for social insurance benefits or minimum living security.
3. Request for pensions and relief funds.
4. Requesting to pay alimony, alimony and alimony.
5. Requesting payment of labor remuneration.
6. Advocate the civil rights and interests arising from the courageous deeds.
7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents.
8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation.
9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures.
10. 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.
1 1. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. 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.
In fact, the lawyers sent by legal aid agencies and the lawyers we hired are completely consistent in their defense work. Defense lawyers in legal aid institutions will not treat defense work vaguely because of free. All lawyers' defense work focuses on putting forward pertinent defense opinions for criminal suspects according to the law. Of course, not everyone can apply for legal aid.