Prior to this, the application for legal aid for detainees in detention centers was mainly submitted by the applicants to the municipal legal aid center in the form of letters, which was not conducive to the efficient and convenient legal aid services. Since the establishment of the legal aid workstation of the detention center, the detainees only need to submit the application form directly to the workstation, and after being audited by the workstation, they will submit the application form, power of attorney, proof of family financial situation and other materials to the legal aid center within 1 day, so as to provide legal aid to qualified personnel in time. It ensures that the rescue is fast and convenient, the scale is properly grasped, and the rescue rate reaches 100%.
2. What are the ways to apply for legal aid?
You can apply to the Legal Aid Center of the District Judicial Bureau. Under any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions:
1. The 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;
2. 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 review and prosecution;
3. After the people's court accepted the case of private prosecution, the private prosecutor and his legal representative failed to entrust an agent ad litem due to financial difficulties;
4. In the case where the 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.
Three. What rights do recipients enjoy?
1 can help them understand the progress of legal aid activities.
2, there are facts to prove that the legal aid contractor did not perform their duties correctly, you can ask for the replacement of the contractor.
3. If there is a conflict of interest, you can apply for the withdrawal of legal aid examiners.
4. What are the obligations of the recipient?
1. Truthfully provide facts and relevant materials that can prove that their legitimate rights and interests are protected, as well as supporting materials that can prove that they are in financial difficulties and need to reduce or exempt legal service fees.
2. Provide necessary cooperation to legal aid personnel.
3, the recipient because of the need to help solve the case or matter and get greater benefits, it shall pay all or part of the fees to the legal aid center according to the prescribed fees.
According to Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid [1], 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:
Verb (abbreviation of verb) scope of assistance
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.
The following cases or matters, the legal aid center shall not provide legal aid, including:
1. A civil action or criminal private prosecution case caused by the applicant's fault liability infringing on the legitimate rights and interests of others.
2 administrative litigation cases caused by the fault of the applicant.
3. The applicant can't provide evidence related to litigation, and can't investigate the case of collecting evidence.
4, can be handled by administrative organs without litigation.
5. Cases and legal procedures are simple, and it is usually unnecessary to hire legal service personnel to represent cases.
6. Cases where legal remedies have been exhausted.
7. The applicant defrauds legal aid without providing supporting materials or issuing false certificates.
8, approved by the competent department, the legal aid center announced that other cases will not be accepted.
The above is the relevant information about your application for legal aid, and where to apply for information at the detention center. Under the unified coordination of local legal aid centers, legal aid is provided by law firms, notary offices and grassroots legal service institutions. Legal aid activities carried out by other groups, organizations and schools. If you have any other questions, please feel free to consult.