(1August 1999 15 11th meeting of the Standing Committee of the Ninth People's Congress of Guangdong Province, first adopted at the 27th meeting of the Standing Committee of the Tenth People's Congress of Guangdong Province on September 28th, 2006, and second adopted at the 24th meeting of the Standing Committee of the 12th People's Congress of Guangdong Province on February 26th, 2006) Article 1 In order to ensure citizens with financial difficulties to obtain necessary legal services, According to the "Regulations on Legal Aid" and relevant laws and administrative regulations, combined with the actual situation of this province, these Regulations are formulated.
Article 2 The term "legal aid" as mentioned in these Regulations refers to the activities that legal aid agencies determined according to law assign or arrange legal aid personnel to provide free legal services such as legal consultation, agency and criminal defense for citizens with financial difficulties and parties to special cases.
The legal aid personnel mentioned in these Regulations refer to lawyers, grassroots legal service workers, legal aid volunteers and other personnel assigned or arranged by legal aid institutions to provide legal services.
Article 3 The people's government of the province shall stipulate the standards of financial difficulties for legal aid, and make timely adjustments according to the national economic and social development of the province, the resources and demand of legal aid and the ability of citizens to pay legal service fees.
Counties (cities, districts) listed at the prefecture level may, according to the actual situation of their respective administrative regions, formulate standards for financial difficulties in legal aid that are superior to provincial standards.
The standard of financial difficulties of legal aid shall be announced to the public.
Article 4 Legal aid is the responsibility of the government. The people's governments at or above the county level shall take measures to promote the work of legal aid, establish a legal aid fund guarantee system, include the funds needed for legal aid in the fiscal budget, and ensure the coordinated development of legal aid and economy and society. The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments.
Township people's governments and sub-district offices shall cooperate with legal aid work.
Article 5 The judicial administrative departments of the people's governments at or above the county level shall be responsible for the supervision and administration of legal aid work within their respective administrative areas.
The people's courts, people's procuratorates, public security organs and other relevant departments shall do a good job in legal aid according to law.
Sixth legal aid institutions are responsible for the daily work of legal aid within their respective administrative areas, and guide the work of legal aid institutions at lower levels.
Article 7 The lawyers' association shall, in accordance with the articles of association of the lawyers' association, assist in the legal aid work carried out in accordance with these regulations.
Article 8 Social organizations such as trade unions, the Communist Youth League, women's federations and disabled persons' federations, as well as social organizations such as universities, enterprises and institutions, can use their own resources to participate in legal aid according to law and play the role of legal aid volunteers.
Judicial administrative departments at all levels or legal aid institutions may purchase legal aid services from the society as needed.
Article 9 Legal aid institutions and legal aid personnel shall abide by legal procedures and professional norms, provide legal aid that meets the standards for recipients, and ensure the quality of legal aid.
The judicial administrative department of the provincial people's government shall establish and improve the quality standards and quality evaluation system of legal aid.
Tenth people's governments at all levels should organize and strengthen the publicity of legal aid, so that the public can generally understand legal aid.
The press and publication, radio and television, the Internet and other media should carry out public welfare publicity of legal aid. Eleventh citizens with financial difficulties and parties to special cases may apply for legal aid when they encounter legal problems or their legitimate rights and interests are infringed.
Article 12 Social welfare institutions such as welfare homes, orphanages, pension institutions, glorious hospitals, special care hospitals, mental hospitals and SOS children's villages. Legal aid is needed to safeguard legitimate civil rights and interests, and legal aid institutions may provide legal aid upon application.
If a social organization brings a civil public interest lawsuit to the people's court because of environmental pollution, ecological damage and other acts that harm the public interest, the legal aid institution may provide legal aid according to its application.
Article 13 If a criminal suspect or defendant fails to appoint a defender under any of the following circumstances, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him:
(a) Blind, deaf, dumb and mentally disabled persons;
(two) mental patients who have not completely lost the ability to identify or control their own behavior;
(3) minors;
(four) may be sentenced to life imprisonment or death.
When the provincial higher people's court reviews the death penalty case, if the defendant fails to entrust a defender, it shall notify the provincial legal aid institution to appoint a lawyer to defend him.
Article 14 If the defending criminal suspect or defendant refuses to defend by a lawyer appointed by a legal aid institution, the people's court, the people's procuratorate and the public security organ shall find out the reasons for the refusal. If there are justified reasons, it shall be allowed to inform the criminal suspect and defendant in writing of their refusal, and at the same time inform the criminal suspect and defendant that they need to entrust another defender. If the criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint another lawyer to defend him.
Article 15 In criminal proceedings, if the defendant fails to entrust a defender under any of the following circumstances, the people's court may notify the legal aid institution to appoint a lawyer to defend him:
(1) In the same criminal case, other defendants have entrusted defenders;
(2) Cases with significant social impact;
(3) Cases protested by people's procuratorates;
(four) the defendant's behavior may not constitute a crime;
(5) The defendant is a foreigner or a stateless person;
(6) Terrorist crimes and crimes endangering national security;
(seven) other circumstances stipulated by laws and regulations.
Article 16 People's courts, people's procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to defend criminal suspects and defendants, and legal aid institutions shall appoint lawyers to defend them.
For cases that may be sentenced to life imprisonment or death penalty, legal aid institutions shall appoint lawyers with more than three years' practical experience in criminal defense as defenders.
For juvenile criminal cases, legal aid institutions shall appoint lawyers who are familiar with the physical and mental characteristics of minors as defenders.
Article 17 When the people's court tries a compulsory medical case, if the respondent or the defendant has not appointed an agent ad litem, it shall notify the legal aid institution to appoint a lawyer to provide legal aid, and the legal aid institution shall appoint a lawyer to provide legal aid.
Eighteenth legal aid institutions can provide legal aid in the following ways according to different applications:
(1) criminal defense or criminal agency;
(2) Agency in civil and administrative litigation;
(3) Labor dispute arbitration, arbitration and other non-litigation legal affairs agents;
(4) Drafting legal documents on his behalf;
(5) Providing legal advice;
(six) other ways as prescribed by laws and regulations.
If the case is simple and the subject matter of litigation is small, the legal aid institution may guide the parties to litigate on their own. Article 19 When applying for legal aid, citizens shall fill in an application form for legal aid. The legal aid application form is provided free of charge by the legal aid institution.
Twentieth citizens to apply for legal aid agency, defense or drafting legal documents shall submit the following application materials:
(1) An application form for legal aid;
(2) Identity card or other valid identification, and the agent applicant shall also submit the certificate of agency;
(3) application materials for financial difficulties;
(four) materials related to the application for legal aid.
Citizens shall truthfully submit the application materials and be responsible for the authenticity of the application materials. To apply for legal advice, you can only submit the application materials specified in items 1 and 2 of the preceding paragraph.
Article 21 If an applicant meets one of the following conditions, it is not necessary to submit application materials for financial difficulties, but relevant certificates or certification materials should be provided:
(a) enjoy the treatment of poor support;
(two) to receive the minimum living allowance;
(3) The family is recognized as a low-income family;
(four) due to accidents, natural disasters or other special reasons, resulting in temporary difficulties in life, is receiving temporary assistance from the government;
(five) funded by the government or charity;
(6) Disabled persons, severely disabled persons and families with no fixed source of livelihood, or more than one family;
(7) applying to the people's court for judicial assistance due to a civil lawsuit and obtaining approval;
(eight) due to economic difficulties, apply for legal aid again within one year from the date of applying for legal aid;
(nine) after being released from prison and released from compulsory isolation and detoxification, he is unemployed and has no source of income;
(ten) recourse to labor remuneration, work-related injury treatment;
(eleven) recourse for alimony, alimony and alimony;
(twelve) other according to the relevant provisions of the state and local people's governments should be regarded as economic difficulties.
Twenty-second criminal suspects, defendants or prisoners to apply for legal aid, one of the following circumstances, there is no need to submit financial difficulties declaration materials:
(a) Comply with the provisions of Articles 13 and 15 of this Ordinance;
(two) the appeal case is decided by the people's court for retrial or retrial.
Article 23 Where an applicant claims to apply for legal aid for civil rights and interests arising from courageous acts, he/she may not submit application materials for financial difficulties, but he/she shall submit certification materials recognized as courageous by the courageous evaluation committee of the people's government at the county level or the people's government of a prefecture-level city without districts.
Twenty-fourth military families applying for legal aid, under any of the following circumstances, do not need to submit financial difficulties declaration materials, but should submit relevant documents or certification materials:
(a) Conscripts, supply students and military families;
(2) Soldiers and their families who carry out combat and major non-war military operations;
(3) Survivors of martyrs, servicemen who died in the line of duty, and deceased servicemen.
Military civilian personnel, non-active public servants, on-the-job employees, retirees under military management, reservists and other personnel performing military tasks, policemen disabled in the line of duty, and the families of policemen who died in the line of duty shall be implemented with reference to the provisions of the preceding paragraph.
Article 25 If the applicant is a person without or with limited capacity for civil conduct, his legal representative shall apply for it on his behalf according to law. If there is no legal representative, the application shall be made by the residents' committee, villagers' committee, civil affairs department or units or personnel specified by laws and regulations where the applicant is located.
Article 26 A detained criminal suspect, defendant, criminal, drug addicts in compulsory isolation and administrative detainees may apply for legal aid through a people's court, a people's procuratorate, a public security organ or their prison, detention center, drug addicts in compulsory isolation and detention center.
After receiving the application for legal aid, the relevant unit shall, within 24 hours, transfer the application to the legal aid institution that has the right to accept it, and notify the legal representative, close relatives or entrusted agents of the applicant to assist in providing relevant documents, certificates and other materials to the legal aid institution within three days.
If a criminal suspect, defendant, prisoner, compulsory isolation drug addict or administrative detainee has no legal representative or close relative, or his legal representative or close relative cannot notify him, the relevant unit shall inform the legal aid institution that has the right to accept the application materials.
Twenty-seventh criminal legal aid cases notified by the people's courts, people's procuratorates and public security organs 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.
Compulsory medical cases notified by the people's court shall be uniformly accepted by the legal aid institutions affiliated to the judicial administrative department at the same level where the people's court is located.
Twenty-eighth criminal cases without informing the defense or the agent shall be accepted by the legal aid institutions affiliated to the judicial administrative department 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.
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.
The application for legal consultation shall be accepted by the legal aid institution that accepts the application.
Applications for other legal affairs shall be accepted by the legal aid institutions in the place where the obligation organ is located, where the obligor is domiciled, where the respondent is domiciled or where the legal affairs occur.
Twenty-ninth legal aid applications do not fall within the scope of acceptance of this institution, it shall inform the applicant to apply to the legal aid institution that has the right to accept.
For legal aid matters tried or handled in this province, disabled persons with mobility difficulties may apply to the nearest legal aid institution, which shall accept it. If it does not fall within the scope of acceptance of this institution, it may be transferred to a legal aid institution with the right to accept it after acceptance.
Thirtieth more than two legal aid institutions have the right to accept legal aid matters, the applicant may apply to one of the legal aid institutions.
Where an applicant applies to two or more legal aid institutions that have the right to accept the same matter, the legal aid institution that first received the application shall accept it.
Disputes between legal aid institutions shall be decided by the legal aid institutions at the next higher level.
Thirty-first legal aid institutions, after accepting the application, beyond its acceptance capacity, can report to the legal aid institutions at the next higher level for coordination.
The legal aid institution at the next higher level may accept the legal aid matters that should be accepted by the legal aid institution at the next lower level, or hand over the legal aid matters that it has accepted to the legal aid institution at the next lower level for handling.
Article 32 When accepting an application for legal aid, a legal aid institution shall register, receive the application materials, issue a receipt and indicate the date. Thirty-third legal aid institutions shall, within three working days from the date of receiving the application materials for legal aid. If the application matters are tried or handled in this province and meet the standards of financial difficulties in legal aid, it shall make a decision to grant legal aid and notify the applicant in writing; Make a decision not to grant legal aid to those who do not meet the conditions for legal aid or provide false evidence, certificates or application materials for financial difficulties, and notify the applicant in writing. The decision not to grant legal aid shall specify the reasons for not granting legal aid and the applicant's right to raise objections.
For an application for legal aid that does not need to submit application materials for financial difficulties, the legal aid institution shall make a decision on whether to grant legal aid within two working days from the date of receiving the application materials.
For difficult and complicated cases, with the approval of the person in charge of the legal aid institution, three working days may be extended.
Thirty-fourth legal aid institutions should determine the way to provide legal aid when making a decision to grant legal aid.
If a citizen applies for legal advice, the legal aid institution shall handle it immediately, without examination and making a decision on legal aid.
Thirty-fifth legal aid institutions after examination that the application materials submitted by the applicant are incomplete, it shall inform the applicant of the materials that need to be supplemented or explained at one time.
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, and the relevant units shall provide assistance and cooperation.
The time for the applicant to provide supplementary materials and legal aid institutions to investigate and verify is not included in the review decision period.
Thirty-sixth is responsible for reviewing the application for legal aid legal aid agency staff in any of the following circumstances, should be avoided:
(1) Being an applicant or relative of a legal aid matter, or being a close relative of the applicant or relative;
(2) Having a direct interest in applying for legal aid.
Thirty-seventh legal aid institutions shall, within two working days from the date of making a decision to grant legal aid, assign legal aid personnel and inform the recipient of the name and contact information of the legal aid personnel. Unless the recipient is unreachable.
Thirty-eighth in any of the following circumstances, the legal aid institution may decide to provide legal aid first:
(a) less than seven days before the expiration of the statutory limitation, it is necessary to bring a lawsuit or apply for labor dispute arbitration or arbitration in time;
(2) It is necessary to immediately apply for property preservation, evidence preservation or prior execution;
(3) Other emergency or special circumstances.
In case of emergency that may cause social disorder, lead to adverse effects or the parties may face life safety risks, legal aid institutions may immediately decide to provide legal aid; Legal service institutions can also provide legal aid immediately and report it to the legal aid institutions for approval.
The recipient shall submit the prescribed application materials within the time limit determined by the legal aid institution. If the recipient who provided legal aid in advance fails to submit the application materials within the prescribed time limit, or the legal aid institution thinks that the recipient does not meet the conditions for legal aid, it shall terminate the legal aid.
Thirty-ninth legal aid workers in any of the following circumstances, the legal aid institution shall revoke and assign legal aid workers:
(a) interested in the legal aid matters undertaken;
(2) Losing the qualification of defender or agent according to law;
(3) Being subject to administrative or disciplinary sanctions in the process of undertaking legal aid affairs;
(four) due to illness, studying abroad, going out for a long time and other special reasons, unable to continue to undertake legal aid matters;
(five) one of the acts stipulated in article fifty-third of these regulations;
(six) according to the recipient's application, decided to replace the legal aid personnel;
(seven) other circumstances that need to revoke and assign legal aid personnel.
Fortieth in any of the following circumstances, the legal aid institution shall decide to terminate the legal aid:
(1) In a criminal case applying for legal aid, a criminal suspect or defendant insists on defending himself and refuses to be defended by a lawyer appointed by a legal aid institution;
(2) The case is terminated or revoked according to law;
(3) The recipient entrusts other agents or defenders by himself;
(four) the recipient requests the termination of legal aid, except in cases where the defense should be notified;
(five) the recipient uses legal aid to engage in illegal activities;
(six) the recipient deliberately conceals important facts related to the case or provides false evidence, proof and untrue financial difficulties declaration materials;
(seven) the recipient refused to sign the legal documents and related materials that should be signed by himself, which made it impossible to handle legal aid matters;
(eight) the recipient lost contact and could not continue to provide legal aid;
(nine) other circumstances that should be terminated as stipulated by laws and regulations.
Article 41 If a legal aid institution decides to terminate legal aid, it shall serve the written decision on the termination of legal aid on the recipient, and inform the unit where the legal aid personnel work and the relevant organs and units.
Forty-second legal aid personnel shall, after completing legal aid matters, submit closing documents and materials to legal aid institutions within 30 days from the date of closing the case.
Forty-third legal aid institutions shall, within thirty days from the date of receiving the closing documents and materials submitted by legal aid personnel, pay subsidies to legal aid personnel in accordance with the subsidy standards for legal aid matters. With the approval of the person in charge of the legal aid institution, the legal aid institution may, according to the needs of handling cases, also pay subsidies for handling legal aid matters before closing the case.
The judicial administrative department of the province shall, jointly with the financial department of the province, formulate subsidy standards for handling legal aid matters according to the level of economic development of the province, with reference to the costs of handling various legal aid matters, basic labor costs and other factors, and make timely adjustments according to needs. Counties (cities, districts) listed at the prefecture level can be appropriately improved on the basis of the subsidy standards formulated by the province according to the local economic development level. Forty-fourth recipients in the process of receiving legal aid, have the right to legal aid institutions and legal aid personnel to understand the handling of legal aid matters.
Legal aid institutions and legal aid personnel shall promptly inform the recipient of the handling of legal aid matters.
Forty-fifth legal aid workers do not perform their duties according to law in the process of legal aid, the recipient may apply for the replacement of legal aid workers. The legal aid institution shall, within five working days from the date of accepting the application, decide whether to replace the legal aid personnel and notify the recipient.
Article 46 In a case where a legal aid institution decides to provide legal aid, the recipient may apply to a people's court or an arbitration institution for deferment, reduction or exemption of the case acceptance fee, litigation fee and arbitration fee.
Article 47 Where the recipient applies for notarization and judicial expertise with valid certificates provided by legal aid institutions, the notarization institutions and judicial expertise institutions shall reduce or waive the notarization fees and judicial expertise fees after accepting them.
Where the recipient applies for inspection, evaluation and audit on the basis of valid certificates provided by legal aid institutions, the judicial organs, administrative organs and relevant institutions shall defer, reduce or waive inspection fees, evaluation fees and audit fees in accordance with the provisions.
Forty-eighth recipients shall cooperate with the work of legal aid institutions and legal aid personnel, and shall not commit any of the following acts:
(a) providing false evidence;
(2) Obtaining legal aid by deception;
(3) requesting the replacement of legal aid personnel without justifiable reasons;
(four) requiring legal aid personnel to make requests without factual and legal basis;
(5) Interfering with or obstructing legal aid workers in handling legal aid affairs or threatening legal aid workers;
(six) other acts that do not cooperate with the work of legal aid institutions and legal aid personnel.
Article 49 Where the necessary expenses such as travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection fees of legal aid personnel are included in the litigation or arbitration request by the recipient, and the judgment of the people's court or the ruling of the arbitration institution is borne by the non-recipient, the recipient shall pay the above expenses received to the legal aid institution and include them in the legal aid funds.
Article 50 Lawyers and law firms shall perform their legal aid obligations according to law. If the resources of local lawyers are insufficient to meet the needs of legal aid, the judicial administrative department at the next higher level shall organize and coordinate.
Grass-roots legal service workers and grass-roots legal service offices should undertake legal aid obligations that are appropriate to their scope of work.
Lawyers, grassroots legal service workers, law firms and grassroots legal services shall not refuse to undertake legal aid matters assigned by legal aid institutions within their respective administrative areas without justifiable reasons.
Article 51 When handling legal aid matters, legal aid workers may require legal aid institutions to issue necessary certification materials or coordinate with relevant organs and units, and legal aid institutions shall provide assistance within the scope of their duties.
Legal aid institutions shall provide assistance to legal aid personnel who need translation and expert services in handling legal aid matters.
Fifty-second legal aid personnel shall report the handling of legal aid matters in accordance with the requirements of legal aid institutions.
Legal aid matters in any of the following circumstances, legal aid personnel shall report to the legal aid institutions:
(1) The recipient of a criminal legal aid case refuses to defend or represent him;
(2) Legal aid should be terminated according to law;
(3) Involving mass incidents;
(4) Having a significant social impact;
(5) Other complicated and difficult circumstances.
Fifty-third legal aid personnel in the process of handling legal aid matters, shall not have the following acts:
(a) Delaying the processing of legal aid affairs;
(two) to terminate or transfer legal aid matters to others without authorization;
(3) divulging state secrets, business secrets and the privacy of the parties who are known in handling legal aid matters;
(four) to collect property from the recipient or seek other illegitimate interests;
(5) instigating, instigating, abetting or inducing the recipient to take illegal means to resolve disputes and disputes;
(six) malicious collusion with others against the legitimate rights and interests of the recipient.
Fifty-fourth legal aid institutions should carry out public legal education, provide legal information to the public and guide them to express their demands according to law.
Fifty-fifth legal aid institutions should establish and improve the convenience service window of legal aid, and arrange legal professionals to provide legal consulting services free of charge.
Legal aid institutions should set up legal aid workstations in towns, streets, villages (communities), troops and areas or units where legal aid needs are concentrated, set up mobile workstations in remote areas and areas where people with difficulties are concentrated to accept legal aid applications, implement telephone applications, online applications, door-to-door acceptance and other services, strengthen the construction of legal service hotlines, and provide legal services by using network platforms and emerging communication tools.
Fifty-sixth legal aid institutions should comprehensively use quality assessment, court hearing, file review, consultation with the case-handling organs, and return visits to the recipients to strengthen the quality management of legal aid.
Article 57 The staff members of people's courts, people's procuratorates, public security organs, labor and personnel dispute mediation institutions and arbitration institutions shall, in the process of handling cases, promptly inform the parties concerned of their right to legal aid.
The detention center shall provide convenient conditions for legal aid lawyers to meet with criminal suspects. Conditional detention centers can set up workstations of legal aid institutions in detention centers to provide free legal advice or accept legal aid applications for detainees and their families.
Fifty-eighth legal aid institutions in the people's courts, prisons, detention centers, detention centers and other units to provide legal aid, the relevant units should give assistance.
Fifty-ninth civil affairs, human resources and social security, land and resources, housing and urban construction, industry and commerce, taxation, archives and other departments. We should strengthen coordination and cooperation with legal aid institutions and enjoy relevant information and materials.
State organs and relevant units shall support the use of archives for investigation and evidence collection in handling legal aid matters, and the fees involved in consulting archives shall be reduced or exempted in accordance with relevant regulations. Sixtieth judicial administrative departments, legal aid institutions and their staff, law firms and lawyers who violate the provisions in the process of legal aid shall bear corresponding legal responsibilities in accordance with relevant laws and regulations.
Sixty-first grassroots legal service workers in any of the following circumstances, shall be punished by the judicial administrative department; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) refusing to accept legal aid cases without justifiable reasons;
(2) delaying, terminating or transferring legal aid to others without authorization;
(three) to collect property from the recipient or seek other illegitimate interests;
(four) malicious collusion with others against the legitimate rights and interests of the recipient.
The property collected from the recipient shall be ordered to be returned by the judicial administrative department, and a fine of not less than one time but not more than three times the value of the property collected may be imposed. The illegal gains from other illegitimate interests shall be confiscated by the judicial administrative department.
Article 62 If the recipient obtains legal aid by deception, he shall pay the legal service fee; If a crime is constituted, criminal responsibility shall be investigated according to law.
Sixty-third legal aid institutions fail to pay subsidies to legal aid personnel in accordance with the standards for handling legal aid matters, and the judicial administrative department shall order them to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. Article 64 These Regulations shall apply to legal aid cases tried or handled by special people's courts and special people's procuratorates other than military courts and military procuratorates.
Article 65 These Regulations shall come into force on April 0, 2065438.