What are the provisions of criminal legal aid?

Article 1 In order to strengthen and standardize the legal aid work in criminal proceedings, these Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC), the Regulations on Legal Aid and other relevant provisions, combined with the actual legal aid work. Article 2 If a criminal suspect or defendant fails to entrust a defender due to financial difficulties, his close relatives may apply for legal aid from the legal aid institutions affiliated to the judicial administrative organs at the same level as the public security organs, people's procuratorates and people's courts. Under any of the following circumstances, if a criminal suspect or defendant does not entrust a defender, he may apply for legal aid in accordance with the provisions of the preceding paragraph: (1) There is evidence to prove that the criminal suspect or defendant belongs to Grade I or II mental disability; (2) In the same criminal case, other criminal suspects and defendants have entrusted defenders; (3) The people's procuratorate lodged a protest; (4) The case has a significant social impact. Article 3 If the victim of a public prosecution case, his legal representative or close relatives, the private prosecutor of a private prosecution case and his legal representative fail to appoint an agent ad litem due to financial difficulties, they may apply for legal aid to the legal aid institution affiliated to the judicial administrative organ at the same level where the people's procuratorate or the people's court is located. Article 4 The standards of citizens' financial difficulties shall be implemented in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government that accept cases. Article 5 When interrogating a criminal suspect for the first time or taking compulsory measures, the public security organ and the people's procuratorate shall inform the criminal suspect that he has the right to entrust a defender, and inform that he and his close relatives can apply for legal aid from legal aid institutions if they meet the provisions of Article 2 of these Provisions. The people's procuratorate shall, within 3 days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender, and inform him or her and his close relatives that he or she can apply for legal aid from a legal aid institution if he or she meets the requirements of Article 2 of these Provisions; The victim, his legal representative or close relatives shall be informed that he has the right to entrust an agent ad litem, and if he is in financial difficulties, he may apply to a legal aid institution for legal aid. The people's court shall, within 3 days from the date of accepting the case, inform the defendant that he has the right to entrust a defender, and inform him that if he meets the provisions of Article 2 of these Provisions, he and his close relatives may apply to the legal aid institution for legal aid; The private prosecutor and his legal representative shall be informed that they have the right to entrust an agent ad litem, and if they are in financial difficulties, they may apply to a legal aid institution for legal aid. The people's court shall perform the relevant notification duties within 3 days from the date of retrial. If a criminal suspect or defendant has any of the circumstances specified in Article 9 of these Provisions, the public security organ, the people's procuratorate and the people's court shall inform him not to entrust a defender, and notify the legal aid institution to defend his appointed lawyer according to law. Article 6 A notice may be given orally or in writing, and the contents of the notice shall be easy for the notified person to understand. For oral notification, a written record shall be made and signed by the notified person; If written notice is given, the service receipt shall be entered into the volume. If the told person expresses his willingness to apply for legal aid on the spot, it shall be recorded. Article 7 If a criminal suspect or defendant in custody applies for legal aid, the public security organ, the people's procuratorate and the people's court shall forward or inform the legal aid institution within 24 hours after receiving the application, and notify the legal representative, close relatives or other personnel entrusted by the applicant to assist in providing relevant documents, certificates and other relevant materials to the legal aid institution within 3 days. If the legal representative or close relatives of the criminal suspect or defendant are unable to notify, they shall inform the legal aid institution at the time of application. Article 8 After receiving an application, a legal aid institution shall examine it in time and make a decision within 7 days. To meet the conditions of legal aid, it shall decide to grant legal aid and make a decision to grant legal aid; Do not meet the conditions of legal aid, it shall decide not to grant legal aid, and make a decision not to grant legal aid. The decision to grant legal aid and the decision not to grant legal aid shall be delivered to the applicant in time, and the public security organ, the people's procuratorate and the people's court shall be notified in writing. In cases where a criminal suspect or defendant applies for legal aid, the legal aid institution may ask the public security organ, the people's procuratorate or the people's court whether the criminal suspect or defendant has the circumstances specified in Article 2 of these Provisions. Article 9 If a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, the public security organ, the people's procuratorate and the people's court shall, within 3 days from the date of discovering the situation, notify the legal aid institution affiliated to the judicial administrative organ at the same level where he is located to defend his appointed lawyer: (1) Minors; (2) Blind, deaf and dumb; (3) Mental patients who have not completely lost the ability to recognize or control their own behavior; (4) Persons who may be sentenced to life imprisonment or death. Article 10 If a public security organ, a people's procuratorate or a people's court notifies a defense, it shall send a letter of defense, a written decision on compulsory measures, a prosecution opinion, an indictment and a copy of the judgment to the legal aid institution. The letter of informing the defense shall contain the name of the criminal suspect or defendant, the alleged crime, the place of detention or residence, the reasons for informing the defense, the name and contact information of the contact person of the case-handling organ, etc. Article 11 The people's court shall, within 3 days from the date of accepting the application for compulsory medical treatment or determining that the defendant meets the requirements for compulsory medical treatment, send a notice to the legal aid institution if the respondent or defendant has not entrusted an agent ad litem, informing it to appoint a lawyer as the agent ad litem of the respondent or defendant to provide legal aid. If the people's procuratorate applies for compulsory medical treatment, the people's court shall send a copy of the application for compulsory medical treatment to the legal aid institution. The official letter informing the agent shall specify the name of the respondent or defendant, the name and contact information of the legal representative, and the name and contact information of the contact person of the case handling organ. Article 12 A legal aid institution shall, within 3 days from the date of making a decision to grant legal aid or receiving an official letter informing the defense or the agent, determine the lawyers to undertake, and notify the public security organ, the people's procuratorate and the people's court by letter. The official letter of legal aid issued by the legal aid institution shall specify the lawyer's name, subordinate unit and contact information. Thirteenth for cases that may be sentenced to life imprisonment or death penalty, legal aid institutions shall appoint lawyers with a certain number of years of practical experience in criminal defense as defenders. For minor cases, lawyers who are familiar with the physical and mental characteristics of minors should be appointed as defenders. Article 14 After accepting the assignment from a legal aid institution, the lawyer in charge shall go through the entrustment formalities in a timely manner in accordance with relevant regulations. When the lawyer in charge meets the criminal suspect or defendant for the first time, he shall ask whether he agrees to defend him and make a record. If the criminal suspect or defendant disagrees, the lawyer shall inform the public security organ, the people's procuratorate, the people's court and the legal aid institution in writing. Fifteenth for the case of providing legal aid according to the application, the criminal suspect and the defendant insist on defending themselves and refuse the lawyer appointed by the legal aid institution to defend them, the legal aid institution shall allow it and make a decision to terminate the legal aid; The legal aid institution shall appoint another lawyer to defend the lawyer who has justified reasons to change his lawyer. If a criminal suspect or defendant refuses a lawyer appointed by a legal aid institution to defend a case that should be notified for defense, the public security organ, the people's procuratorate and the people's court shall find out the reasons for the refusal, and if there are justified reasons, they shall allow it, and inform the criminal suspect or defendant that they need to entrust another defender. If the criminal suspect or defendant fails to entrust a defender, the public security organ, the people's procuratorate and the people's court shall promptly notify the legal aid institution to appoint another lawyer to defend him. Article 16 when examining and approving an arrest, the people's procuratorate considers that the criminal suspect has circumstances that should be notified to defend. If the public security organ fails to notify the legal aid institution to appoint a lawyer, it shall notify the public security organ to correct it, and the public security organ shall notify the people's procuratorate to correct it. Article 17 Before the investigation of a case is completed, the investigation organ shall listen to its opinions and put them on record. If the contractor's lawyer puts forward written opinions, it shall attach a volume. Article 18 If the people's court decides to change the court session time, it shall notify the lawyer in charge three days before the court session. If an agent cannot appear in court on time for justified reasons, he may apply to the people's court for an adjournment of the trial. If the people's court agrees to postpone the hearing, it shall promptly notify the attorney. Article 19 If the people's court decides not to hold a court session, the lawyer in charge shall submit written defense opinions to the people's court within 10 days after receiving the notice of the people's court not to hold a court session. Article 20 The people's procuratorate and the people's court shall waive or reduce the fees for lawyers to copy files. Article 21 After the public security organ cancels the case or transfers it for examination and prosecution, the people's procuratorate decides to initiate public prosecution, not to prosecute or cancel the case, and after the people's court concludes the trial or ruling, the public security organ, the people's procuratorate and the people's court shall, after transferring the case to other organs for handling, deliver the copy or photocopy of the relevant legal documents to the attorney within 5 days, or inform the lawyer in writing. Legal documents such as the public security organ's prosecution opinion, the people's procuratorate's indictment, the decision not to prosecute, the people's court's judgment, ruling, etc. shall specify the name of the legal aid institution that made the assignment, the name of the lawyer and its subordinate unit. Article 22 Under any of the following circumstances, the legal aid institution shall make a decision to terminate legal aid, make a decision to terminate legal aid and send it to the recipient, and notify the public security organ, the people's procuratorate and the people's court within 3 days from the date of making the decision: (1) The recipient's economic income has changed and he no longer meets the conditions for legal aid; (2) The case has been concluded or revoked; (3) The recipient entrusts a defender or agent by himself; (four) the recipient requests the termination of legal aid, except in cases where the defense should be notified; (5) Other circumstances that should be terminated according to laws and regulations. The public security organs, people's procuratorates and people's courts, in the course of handling cases, shall promptly notify the legal aid institutions of any of the circumstances specified in the preceding paragraph. Article 23 If an applicant disagrees with the decision of a legal aid institution not to grant aid, he may submit it to the judicial administrative organ in charge of the legal aid institution. The judicial administrative organ shall conduct a review within 5 working days from the date of receiving the objection. Upon examination, if the applicant meets the requirements for legal aid, it shall order the legal aid institution in writing to provide legal aid to the applicant in a timely manner and notify the applicant at the same time; If it is considered that the applicant does not meet the conditions for legal aid, the decision of the legal aid institution not to provide assistance shall be upheld and the applicant shall be informed in writing. If the recipient disagrees with the decision of the legal aid institution to terminate legal aid, it shall be handled in accordance with the provisions of the preceding paragraph. Article 24 If a criminal suspect, defendant, his near relatives or legal representatives, the respondent of a compulsory medical case or the legal representative of the defendant think that the public security organ, the people's procuratorate or the people's court should inform them that they can apply for legal aid from a legal aid institution but fail to do so, or they should inform the legal aid institution to entrust a lawyer to defend or represent them, they have the right to appeal or prosecute to the people's procuratorate at the same level or at the next higher level. The people's procuratorate shall promptly review the complaint or accusation, and if the situation is true, notify the relevant authorities to correct it. Twenty-fifth lawyers should abide by the relevant laws and regulations and legal aid business rules, and do a good job in meeting, marking papers, investigating and collecting evidence, answering questions and attending court hearings. , and provide legal services to the recipients according to law. A law firm shall provide professional guidance to lawyers in handling legal aid cases, urge lawyers to perform their duties in handling cases, and abide by professional ethics and practice discipline. Twenty-sixth legal aid institutions shall guide and supervise the legal aid activities of law firms and lawyers according to law to ensure the quality of handling cases. Judicial administrative organs and lawyers' associations shall reward and punish law firms and lawyers according to their performance of legal aid obligations. Public security organs, people's procuratorates and people's courts, in the process of handling cases, find that lawyers have violated the law or professional ethics and practice discipline, which has harmed the interests of the recipients, and shall promptly inform the legal aid institutions of the relevant information. Twenty-seventh public security organs, people's procuratorates, people's courts and judicial administrative organs should strengthen coordination, establish and improve the working mechanism, do a good job in the connection of legal aid consultation, application for transfer, organization and implementation, and promote the effective development of criminal legal aid work. These are the provisions on legal aid. Lawyers must do a good job in assisting basic work such as meeting transcripts, marking investigation and evidence collection materials, and consulting inquiry records about understanding the situation. If the economic conditions of the recipient change, the aid work can be stopped, and the law firm will guide and supervise the aid work.