Legal aid is free and is based on the specific administrative act of application. After accepting the recipient's application, the legal aid center assigns qualified lawyers to undertake legal aid cases, which has territorial jurisdiction. Under normal circumstances, legal aid cannot be applied for and rescued across regions. According to 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.
What is the definition of legal aid cases?
Paragraph 1 of Article 34 of the Criminal Procedure Law stipulates that if a criminal suspect or defendant has financial difficulties or fails to entrust a defender for other reasons, he or his close relatives may apply to a legal aid institution. Legal aid institutions shall appoint lawyers to defend those who meet the conditions of legal aid. It can be seen that legal aid is a public welfare undertaking, which aims to provide legal protection for those who have financial difficulties and need free help from lawyers. But in general, legal aid can only be initiated by qualified individuals or close relatives.
According to the provisions of Article 34 of the Criminal Procedure Law, the premise of assigning a legal aid lawyer is that "there is no entrusted defender". Even if a legal aid lawyer has been appointed, if a close relative insists on hiring a lawyer by himself, the previous legal aid shall be terminated according to the legal aid regulations and the procedures for handling legal aid cases. As for whether the criminal suspect needs a lawyer hired by his close relatives, at least one meeting should be arranged to confirm whether to entrust him face to face.
Because the legal aid system is alienated by some judicial organs in actual implementation, some cases that do not have legal aid conditions occupy legal aid resources, which will inevitably affect the defense of cases that really need legal aid.
Legal basis: I hope the above contents can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 20 of the Procedures for Handling Legal Aid Cases
For civil and administrative legal aid cases, legal aid institutions shall, within 7 working days from the date of making the decision to grant legal aid, assign law firms, grassroots legal services and other social organizations to arrange their subordinate personnel to undertake or arrange their own personnel to undertake.
For criminal legal aid cases, legal aid institutions shall, within 3 working days from the date of making a decision to grant legal aid or receiving a notice of designated defense, designate a law firm to arrange lawyers to undertake it, or arrange legal aid lawyers of their own institutions to undertake it.