In China, whether in civil or criminal proceedings, if you can't pay the legal fees or attorney fees because of financial difficulties, you can apply for legal aid. After applying for legal aid, you can not pay or pay less litigation or lawyer's agency fees to reduce the litigation pressure of litigants, so the application for legal aid can usually be approved in a few days. The following small series will introduce you in detail.
1. How many days does it take to get the legal aid application approved?
The legal aid center shall, within 5 days from the date of receiving the application and other relevant materials, make a decision on whether to provide assistance and inform the applicant. If the applicant refuses to accept the decision not to grant assistance, he may apply to the Municipal Bureau of Justice for review within 10 days.
Second, the conditions for applying for legal aid.
(1) Criminals:
1, the defendant due to financial difficulties; The defendant is blind, deaf, dumb or a minor; The defendant may be sentenced to death;
2. The criminal suspect is unable to hire a lawyer due to financial difficulties;
3. Victims, private prosecutors and legal representatives are unable to hire lawyers due to financial difficulties.
(2) Civil:
1, request state compensation according to law;
2, request social insurance benefits or minimum living allowance;
3. Requesting to pay pensions and relief funds;
4. Requesting to pay alimony, alimony and alimony;
5. Requesting payment of labor remuneration;
6. Advocating civil rights and interests arising from courageous acts;
7. Disabled people, minors, the elderly and women pursue tort compensation;
8. Victims of traffic accidents, medical accidents, industrial accidents or other personal injury accidents claim medical expenses and claim compensation;
9. Victims of domestic violence, abuse or abandonment demand compensation or compensation.
Iii. Application procedures for legal aid
1, ID card or household registration certificate.
2, village, township (town) or neighborhood committees, street offices issued by my family members two-level proof; Civil affairs departments issue disability certificates.
3./kloc-For applicants under 0/8 years of age or without civil capacity, the guardian shall apply on their behalf and submit their identity certificates.
4, the main facts of the request for assistance.
5, "legal aid application form", writing is really difficult, by the center staff to fill in.
Fourth, the legal aid application process
1. The receptionist first conducts a preliminary review of the application for legal aid, and informs the parties to fill in the application form, submit relevant materials and leave their contact numbers for matters that may meet the conditions of legal aid. Obviously does not meet the conditions, you can inform on the spot that it will not be accepted, and explain the reasons.
2. From the date of receiving the application and other relevant materials, the legal aid center will conduct a review within 5 days, make a decision on whether to provide assistance, and inform the applicant.
3. If the applicant refuses to accept the decision not to grant assistance, he may apply to the Municipal Bureau of Justice for review within 10 days.
4. If legal aid is decided, it shall be undertaken by the personnel appointed by the aid center, who shall be responsible for handling aid cases, and the legal aid center shall supervise it.
Generally, a reply of approval or disapproval will be given within five working days of applying for legal aid. If a party refuses to accept the examination and approval result, it may apply for a review within ten days. Legal aid is to solve the problem of the cost of some people who are really in financial difficulties to participate in litigation, so it is necessary to provide materials to prove that the parties are really unable to pay. Therefore, the scope of applying for legal aid is also stipulated in the law to prevent some people from abusing the right of judicial relief. If you want more information about legal aid, please visit us.