Scope and conditions of legal aid

Legal analysis: Legal aid is a legal and institutionalized behavior and an important part of the national social security system. The recipients are people with financial difficulties, the disabled, the weak or special objects designated by the people's court. Legal aid institutions reduce legal service fees for recipients, and courts reduce litigation fees such as case acceptance fees for recipients. The forms of legal aid include both litigation legal services and non-litigation legal services. Mainly take the following forms: criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate. The conditions and scope of legal aid are: there are sufficient reasons to prove the need to help safeguard their legitimate rights and interests; Due to financial difficulties, unable or completely unable to pay legal service fees; Blind, deaf, dumb and minors who are criminal defendants and criminal suspects and have not entrusted a defense lawyer shall receive legal aid; If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid.

Legal basis: Article 35 of the Criminal Procedure Law of People's Republic of China (PRC). If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.

If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.

"Notice of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and Ministry of Justice on Printing and Distributing" Article 2 If a criminal suspect or defendant fails to entrust a defender due to financial difficulties, he or her close relatives may apply for legal aid to the legal aid institution affiliated to the judicial administrative organ at the same level where the public security organ, people's procuratorate and people's court are located.

Under any of the following circumstances, if a criminal suspect or defendant fails to entrust a defender, he may apply for legal aid in accordance with the provisions of the preceding paragraph:

(a) there is evidence to prove that the criminal suspect or defendant belongs to the first or second degree of intellectual disability;

(2) In the same criminal case, other criminal suspects and defendants have entrusted defenders;

(3) The people's procuratorate lodged a protest;

(4) The case has a significant social impact.