The legal aid center is a legal service institution established by the state to provide free legal services for the vulnerable groups who need legal services but cannot hire lawyers due to financial difficulties and the specific personnel who need legal aid according to the law but have not hired lawyers themselves (such as those who may be sentenced to life imprisonment or death penalty in criminal cases, juvenile offenders, etc.). ).
In addition, there are some legal aid centers of social organizations and institutions, such as legal aid centers set up by colleges and universities, legal aid centers for the protection of women's and children's rights and interests of women's federations, and legal aid centers set up by trade unions. And public welfare centers organized by social welfare institutions are also free. These social legal aid centers are all guided by the legal aid centers set up by the Bureau of Justice, and the staff of the social legal aid centers are composed of non-lawyer legal scholars, legal experts or their legal workers.
Conditions for applying for legal aid
1. The application matters fall within the scope of legal aid (cases that need to be resolved through litigation or arbitration procedures should have been filed).
2. There are sufficient reasons to prove that legal aid is really needed in order to protect their legitimate rights and interests.
3. Being unable or unable to pay legal service fees due to financial difficulties.
4, household registration in this city or hold a temporary residence permit in this city.
Where can I apply for legal aid?
1, civil and administrative category
Request state compensation and apply to the legal aid institution where the organ liable for compensation is located;
Requests for social insurance benefits, minimum living allowance or payment of pensions and relief funds, apply to the legal aid institution where the organ obligated to provide social insurance benefits, minimum living allowance or payment of pensions and relief funds is located;
Requests for payment of alimony, alimony and alimony shall be submitted to the legal aid institution at the domicile of the obligor who pays alimony, alimony and alimony;
Where a request for payment of labor remuneration is made, an application shall be made to the legal aid institution at the domicile of the obligor for payment of labor remuneration;
Claiming the civil rights and interests arising from the courageous act, and applying to the legal aid institution in the place where the respondent resides;
If the victim of a traffic accident, medical accident, industrial accident or other personal injury accident requests medical expenses and compensation, he shall apply to the legal aid institution in the place where the traffic accident, medical accident, industrial injury accident or other personal injury accident occurred or where the respondent lives;
Disabled persons, minors and the elderly who request compensation for infringement shall apply to the legal aid institution in the place where the infringement occurred, the place where the infringement resulted or the place where the respondent lived.
2. Criminal institutions
If a criminal suspect fails to hire a lawyer due to financial difficulties after the first interrogation by the investigation organ or the date when compulsory measures are taken, he shall apply to the legal aid institution where the people's court hearing the case is located. The application of the detained criminal suspect shall be transferred to the legal aid institution by the detention center within 24 hours, and the relevant documents and certification materials required for applying for legal aid shall be notified by the detention center to the legal representative or close relatives of the applicant for assistance;
If 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, they shall apply to the legal aid institution where the people's court hearing the case is located;
If the private prosecutor and his legal representative of a case of private prosecution have not entrusted an agent ad litem due to financial difficulties since the date when the people's court accepted the case, they shall apply to the legal aid institution where the people's court hearing the case is located.
3. Criminal defense
If the defendant fails to entrust a defender for a case in which the public prosecutor appears in court, due to financial difficulties or other reasons, he shall apply to the legal aid institution where the people's court hearing the case is located;
If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, he shall apply to the legal aid institution where the people's court hearing the case is located;
If the defendant may be sentenced to death without entrusting a defender, he shall apply to the legal aid institution where the people's court hearing the case is located.
To apply for legal aid, you should prepare materials.
1, legal aid application form, and indicate the following items:
Basic information of the applicant.
Facts and reasons for applying for legal aid.
The financial situation of the applicant.
List of certificates and certification materials provided by the applicant.
A statement that the applicant guarantees the authenticity of the documents and evidence materials submitted.
Applicants who have difficulty in writing can apply orally, and the receptionist will record it in the record according to the above requirements, and the applicant will sign it or confirm it by fingerprint.
2. Resident identity card, household registration certificate or other valid identification.
3, the applicant's domicile or domicile of the township government, neighborhood offices or the labor and personnel department of the applicant's unit issued by the applicant and family members.
4. Proof and evidential materials related to the application for legal aid.
5 other materials that the legal aid institution deems necessary.
Termination of legal aid
1, the recipient obtained legal aid by deception;
2. The recipient conceals important facts related to the case;
3, the recipient refuses to provide legal aid to legal aid personnel without justifiable reasons;
4, the recipient's economic income changes, may no longer meet the conditions of legal aid;
5. The recipient entrusts an agent or defender separately;
6, the recipient lost contact, resulting in the inability to continue to provide legal aid;
7, according to the provisions of article fifteenth of this Ordinance to receive legal aid, after examination, the recipient does not meet the conditions of legal aid;
8 other circumstances that affect the handling of legal aid.
Matters needing attention in applying for legal aid
1. If the documents and supporting materials submitted by the applicant are incomplete, the legal aid institution may require the applicant to make necessary supplements or explanations. If the applicant fails to supplement or explain as required, the application shall be deemed to be revoked.
2. The applicant shall truthfully state the facts and circumstances of applying for legal aid, and ensure the authenticity and legality of the documents and materials provided by him.
3. If the applicant disagrees with the notice made by the legal aid institution that does not meet the conditions for legal aid, he may submit it to the judicial administrative department that determines the legal aid institution.
4. Under any of the following circumstances, the legal aid institution has the right to terminate legal aid after examination and verification:
The recipient obtained legal aid by deception.
The recipient's economic income changes and no longer meets the conditions for legal aid.
The trial of the case has been terminated or revoked.
The recipient entrusts a lawyer or his agent by himself.
The recipient asked for the termination of legal aid.