Legal basis: Article 8 of the Procedures for Handling Legal Aid Cases.
Citizens applying for legal aid for matters specified in Article 10 of the Regulations on Legal Aid due to financial difficulties shall be accepted by the legal aid institution where the obligatory organ is located, where the obligor is domiciled or where the respondent is domiciled.
Citizens who apply for criminal legal aid due to financial difficulties as stipulated in Article 11 of the Regulations on Legal Aid shall be accepted by the legal aid institutions where the people's courts, people's procuratorates and public security organs are located. Where an applicant applies to more than two legal aid institutions for the same matter, the legal aid institution that first received the application shall accept it.
Article 4 1 of China's Lawyers Law stipulates: "Citizens who need the help of lawyers according to law in support, work-related injuries, criminal proceedings, claims for state compensation and claims for payment of pensions, but are unable to pay the lawyer's fees, can obtain legal aid in accordance with state regulations. Article 42 stipulates: "Lawyers must undertake legal aid obligations in accordance with state regulations, perform their duties and provide legal services to recipients". In other words, it is the requirement and obligation of the Lawyers Law for every practicing lawyer to provide legal aid to those who are unable to pay the lawyer's agency fee. "
You can ask for legal aid under the following circumstances:
1, criminal case;
2, the request for alimony, child care, alimony legal matters;
3, in addition to the liability accident, the legal matters of the claim for injury in the line of duty;
4, blind, deaf, dumb and other disabled people, minors, the elderly to seek tort compensation;
5. Litigation cases requesting state compensation;
6, the request for pensions and relief funds and legal matters;
7 other legal matters that really need legal aid.
Among them, the defendant in criminal proceedings may request legal aid under the following circumstances:
First, in a public prosecution case, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a defense lawyer for him;
Second, if the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, the court shall appoint a defense lawyer for him; If other disabled or elderly people are defendants and are unable to hire a lawyer due to financial difficulties, the court may appoint a defense lawyer for them;
Third, if the defendant may be sentenced to death without entrusting a defender, the court should appoint a defense lawyer for him.
In addition, to seek legal aid, an application should be made to the legal aid center established by the judicial administrative department, and the corresponding application reasons and certificates should be provided. The legal aid agency of the judicial administrative department shall appoint a unified aid lawyer.