Can minors apply for a lawyer for free?
Qualified ones can.
According to the Regulations on Legal Aid and the Criminal Procedure Law, the government can provide legal aid to the following minors.
1. In criminal cases of juvenile delinquency, minors who fail to hire a lawyer due to financial difficulties can obtain legal aid after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken, or from the date when the case is transferred for review and prosecution.
2. In criminal cases of juvenile delinquency, if a defender is not appointed by the people's court at the trial stage and the people's court appoints a defender for him, the legal aid institution shall provide legal aid.
3. Minor victims of public prosecution cases and their legal representatives or close relatives may obtain legal aid if they have not entrusted an agent ad litem due to financial difficulties since the date when the case is transferred for examination and prosecution.
Minors can get legal aid in civil cases for alimony.
5. Minors who request to pay labor remuneration, social insurance benefits or minimum living allowance, pension, relief fund or state compensation may obtain legal aid under other circumstances in which they claim civil rights and interests arising from courageous acts.
In addition, according to the regulations of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on legal aid in criminal proceedings, public security organs and people's procuratorates should inform criminal suspects that they have the right to hire a lawyer to provide legal advice, represent them in their complaints or apply for bail pending trial, and inform them that they can apply for legal aid from legal aid institutions when they are in financial difficulties.
For cases involving state secrets, the criminal suspect shall be informed that the application for legal aid shall be approved by the investigation organ. The people's procuratorate shall, within 3 days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender, and at the same time inform him of his financial difficulties, and may apply for legal aid from a legal aid institution; While informing the victims and their legal representatives or close relatives that they have the right to entrust agents ad litem, they should also inform them that they can apply for legal aid from legal aid institutions in case of financial difficulties.
The people's court shall, within 3 days from the date of completion of the examination of the case in which public prosecution is initiated, inform the defendant that he has the right to entrust a defender, and at the same time inform him of his financial difficulties, and may apply for legal aid from a legal aid institution. The people's court shall, within 3 days from the date of accepting a case of private prosecution, inform the private prosecutor and his legal representative that he has the right to entrust an agent ad litem, and at the same time inform him that he can apply for legal aid from a legal aid institution in case of financial difficulties.
The public security organ, the people's procuratorate and the people's court shall, after receiving the application for legal aid from the criminal suspect or defendant in custody, transfer the application to the local legal aid institution within 24 hours, and notify the legal representative, close relatives or other personnel entrusted by the applicant to assist in providing the relevant documents, certificates and case materials as stipulated in Article 17 of the Legal Aid Regulations. The public security organ, the people's procuratorate and the people's court shall inform the legal aid institution together with the application if the address of the legal representative or close relative of the criminal suspect is unknown and cannot be notified.
Do you have to go to jail for petty crimes?
Minors who commit crimes need to go to jail, but they should be given a lighter punishment. However, minors under the age of 14 commit crimes and need not be investigated for criminal responsibility. A person who has reached the age of 14 commits a specific crime and needs to be investigated for criminal responsibility. Minors who have reached the age of 16 commit crimes and need to be investigated for criminal responsibility.
How can minors be exempted from criminal punishment?
According to the provisions of Article 2 of the Interpretation of the Supreme People's Court Higher People's Court on Several Issues Concerning the Application of Laws in Handling Juvenile Criminal Cases, the following circumstances may be exempted from punishment or not considered as crimes:
First of all, people who are over 14 and under 16 are coerced, lured to participate in crimes, instigated to commit crimes, or belong to the preparation, suspension or attempt of crimes. If the circumstances are general, it may be exempted from punishment or not recognized as a crime.
Second, it may not be regarded as a crime under the following circumstances:
People above 1, 14 but below 16 bully the small with the big, bully the weak with the strong, use language threats or use slight violence to forcibly demand other minors' living, school supplies or money;
2. A person who has reached the age of 14 and under the age of 16 steals property, and the amount has just reached or skipped the standard of "huge amount", and other circumstances are minor, belonging to the first offense or occasional offense; Stealing the property of a close relative, and the close relative does not demand that the defendant be convicted and punished;
3./kloc-people over 0/4 years old/kloc-people under 0/6 years old occasionally have sexual relations with young girls, and the circumstances are minor and have not caused serious consequences.
Parents who want to help their children alleviate some punishment after their children have committed minor crimes should find a lawyer for guidance in time.