(2) In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, and the people's court formulates a defense for the defendant, the legal aid institution shall provide legal aid.
(3) 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;
(four) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Who is the target of legal aid?
According to the relevant regulations, the object of legal aid in China is China citizens and foreign citizens who meet certain conditions, that is, the parties to economic difficulties and special cases. The conditions of legal aid can be divided into general conditions and special conditions.
(1) General conditions. China citizens who are really unable or completely unable to pay for legal services due to financial difficulties (subject to the minimum living standard stipulated by local government departments) and have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests may apply for legal aid.
(2) Special circumstances. Mainly refers to the special circumstances that the defendant in a criminal case should have to obtain legal aid, mainly including the following:
(1) The deaf-mute or minor is a criminal defendant or criminal suspect, and the defendant may be sentenced to death without entrusting a defense lawyer;
(2) Other disabled people and elderly people are criminal defendants or criminal suspects, and they are unable to hire defense lawyers due to financial difficulties;
(3) In a criminal case, the defendant of foreign nationality fails to entrust a lawyer appointed by the Defender's Court to defend.
What proof materials do I need to bring to apply for legal aid?
(1) Resident ID card, household registration certificate or temporary residence permit;
(2) street (township), the labor department and the relevant units issued by the applicant and his family members;
(3) Basic information about the application for assistance and relevant case materials;
(4) Notice of filing a case by a court or arbitration institution;
(five) other materials required by the legal aid center. If the applicant is a minor or a person without legal capacity, his guardian shall apply on his behalf and submit a power of attorney.
Legal basis:
regulations of the people's republic of china on legal aid
Article 10 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those stipulated in the preceding paragraph. Citizens may apply to legal aid institutions for legal advice on matters specified in the first and second paragraphs of this article.