(1) Civil cases
If a citizen fails to entrust an agent due to financial difficulties, he may apply to a legal aid institution for legal aid on the following matters that need to be represented:
1, request state compensation according to law;
2. Requesting social security benefits or minimum living security benefits;
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 and industrial accidents claim medical expenses and claim compensation;
9. Victims of domestic violence, abuse or abandonment demand compensation or compensation;
10. Cases of using fake and shoddy agricultural materials to entrap farmers and harm them.
(2) Criminal cases
Criminal suspects, defendants and their close relatives in public prosecution cases, victims and their legal representatives or close relatives, and private prosecutors and their legal representatives in private prosecution cases have not entrusted defenders or agents due to financial difficulties; The defendant is blind, deaf, dumb or a minor and has not entrusted a defender; If the defendant may be sentenced to death without a lawyer,
The public security organ, the people's procuratorate and the people's court notify the cases assigned to defend.
(three) appeal cases that are not satisfied with the effective judgment or decision of the judicial organs and have been accepted by the judicial organs.
Materials to be submitted when applying for legal aid
1, identification: resident identity card, household registration certificate, etc. ;
2. Proof of economic difficulties: proof of economic status issued by the unit or village committee or neighborhood committee; Minimum living allowance, unemployment certificate, five guarantees, poverty relief certificate and other documents or certification materials.
3. Proof and evidential materials related to the application.
The object of legal aid
Citizens who meet the scope of legal aid cases and meet the following conditions may apply for legal aid:
1. Crimes committed by minors, the disabled and the elderly, as well as cases claiming tort compensation;
2. Requesting to pay alimony, child care and alimony; Claims for damages suffered in the line of duty (except liability accidents);
3. Request to pay labor insurance and pension; Maintenance agreement, notarization of maintenance agreement, notarization of pension and relief fund;
4 cases of infringement of citizens' democratic rights (such as illegal deprivation of the right to vote and to be elected);
5. Cases that may be sentenced to death and the defendant has not entrusted a defender;
6, other matters that really need to provide legal aid.
Where can I seek legal aid?
1. Criminal litigation cases without notification of defense or notification of agent shall be accepted by the legal aid institutions affiliated to the judicial administrative departments at the same level where the people's courts, people's procuratorates and public security organs are located; Non-criminal cases shall be accepted by the legal aid institutions affiliated to the judicial administrative department at the same level where the people's court with jurisdiction is located.
2. Labor dispute arbitration and arbitration cases shall be accepted by the labor dispute arbitration institution that handles the case and the legal aid institution where the arbitration institution is located.
3. The application for legal consultation shall be accepted by the legal aid institution that accepts the application.
4. The application for other legal affairs shall be accepted by the legal aid institution in the place where the obligatory organ is located, where the obligor is domiciled, where the respondent is domiciled or where the legal affairs occur.
5. If a criminal suspect, defendant, prisoner, compulsory isolation drug addict or administrative detainee in custody applies for legal aid, they can apply through the people's court, people's procuratorate, public security organ or the prison, detention center, compulsory isolation drug addict or detention center where they are located.
6. If the complainant refuses to accept the effective judgment or decision made by the people's court or the people's procuratorate and applies for legal aid, he shall submit it to the legal aid institution affiliated to the judicial administrative organ at the same level where the people's court made the effective judgment or decision, or the legal aid institution affiliated to the judicial administrative organ at the same level where the people's procuratorate made the criminal decision to terminate the lawsuit. If the complaint has been accepted by the people's court or the people's procuratorate, it shall be submitted to the legal aid institution of the judicial administrative organ at the same level where the people's court or the people's procuratorate is located.
The process of applying for legal aid
(1) Application: The applicant submits the application materials to the legal aid institution that has the right to accept.
(2) Acceptance: The staff of legal aid institutions receive the application materials of the applicants, register them, issue a receipt and indicate the date.
(3) Examination: The legal aid institution shall conduct examination within three working days from the date of receiving the application materials for legal aid (the legal aid institution shall conduct examination within two working days from the date of receiving the application materials for legal aid, and shall not submit the application materials for financial difficulties). For difficult and complicated cases, with the approval of the person in charge of the legal aid institution, three working days may be extended.
(4) Supplementary submission materials: If the legal aid institution considers that the application materials submitted by the applicant are incomplete after examination, it shall inform the applicant to make necessary supplementary or explanatory materials at one time. The time for the applicant to provide supplementary materials is not included in the time limit for examination and decision.
(5) Investigation and verification materials: If the legal aid institution considers that the application materials submitted by the applicant need to be verified after examination, it shall conduct investigation and verification to the relevant units. The time for investigation and verification by legal aid institutions is not included in the time limit for examination and decision.
(six) decision: if the application matters are tried or handled in this province and meet the financial difficulties standard of legal aid, the legal aid institution shall make a decision to grant legal aid and notify the applicant in writing; For those who do not meet the conditions for legal aid or provide false evidence, proof or application materials for financial difficulties, the legal aid institution shall make a decision not to grant legal aid and notify the applicant in writing.
(7) Assignment: The legal aid institution shall assign legal aid personnel within two working days from the date of making the decision to grant legal aid, and inform the recipient of the confirmed legal aid personnel's name and contact information. Unless the recipient is unreachable.
(8) Objection to the decision not to grant legal aid: If the applicant has any objection to the notice made by the legal aid institution that does not meet the conditions for legal aid, he may raise it with the judicial administrative department that determined the legal aid institution, and the judicial administrative department shall conduct an examination within 5 working days from the date of receiving the objection.
(9) Termination of legal aid: In any of the following circumstances, the legal aid institution shall decide to terminate legal aid:
1. In a criminal case in which legal aid is provided according to the application, the criminal suspect or defendant insists on defending himself and refuses the lawyer appointed by the legal aid agency to defend him;
2. The case is terminated or revoked according to law;
3. The recipient entrusts other agents or defenders by himself;
4. The recipient requests the termination of legal aid, except in cases where the defense should be notified;
5. The recipient uses legal aid to engage in illegal activities;
6. The recipient intentionally conceals important facts related to the case or provides false evidence, proof and untrue application materials for economic difficulties;
7. The recipient refuses to sign the legal documents and related materials that should be signed by him, which makes it impossible to handle legal aid matters;
8. The recipient has lost contact and cannot continue to provide legal aid;
9. Other circumstances that should be terminated according to laws and regulations.
Legal basis:
regulations of the people's republic of china on legal aid
Article 2 The term "legal aid" as mentioned in this Law is a system established by the state to provide free legal advice, agency, criminal defense and other legal services for citizens with financial difficulties and other parties who meet legal conditions, and it is an integral part of the public legal service system.
Article 9 The State encourages and supports enterprises, institutions, social organizations, individuals and other social forces, and provides support for legal aid through donations and other means according to law. Give tax incentives to those who meet the conditions.