1. Legal aid is paid for by the government.
2. Lawyers who provide legal aid are entitled to subsidies provided by the government.
3. According to Article 42 of the "Interpretations of the Supreme People's Court on Application", if the following defendants do not retain a defender, the People's Court shall notify the legal aid agency to assign a lawyer to provide defense for them:< /p>
(1) Blind people, deaf-mute people;
(2) Mental patients who have not completely lost the ability to recognize or control their own behavior;
(3) People who may be A person sentenced to life imprisonment or death.
When the Higher People's Court reviews a death penalty case and the defendant does not retain a defender, it shall notify the legal aid agency to assign a lawyer to defend him.
According to Article 43 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China", if the defendant does not retain a defender under any of the following circumstances, the People's Court may notify the legal Assistance agencies assign lawyers to defend defendants:
(1) In the same criminal case, other defendants have already appointed defenders;
(2) There is a significant social impact Cases;
(3) Cases in which the People’s Procuratorate protests;
(4) Cases in which the defendant’s behavior may not constitute a crime;
(5) Other cases that require the appointment of a lawyer to provide defense.
Legal Aid Regulations
Article 3 Legal aid is the responsibility of the government. People’s governments at or above the county level should take active measures to promote legal aid work, provide financial support for legal aid, and ensure The legal aid industry develops in harmony with the economy and society.
Legal aid funds should be earmarked for specific purposes and subject to the supervision of finance and audit departments.
Extended information
Legal Aid Regulations
Article 14 Citizens applying for legal aid on matters listed in Article 10 of these Regulations shall comply with the following provisions:
(1) If you request state compensation, apply to the legal aid agency where the agency responsible for compensation is located; (2) Request for social insurance benefits, minimum living security benefits or If you request the payment of pensions or relief funds, you must apply to the legal aid agency where the agency responsible for issuing pensions and relief funds is located for social insurance benefits, minimum living security benefits, or the agency responsible for issuing pensions and relief funds;
(3) Requesting for the payment of alimony, In case of child support and maintenance fees, the legal aid agency shall submit the request to the legal aid agency in the place where the agency responsible for the maintenance, care and support is domiciled. (4) If a request for payment of labor remuneration is made, the request shall be made to the legal aid institution at the domicile of the person obligated to pay labor remuneration;
(5) If a civil right is claimed due to a righteous act, the request shall be made to the legal aid institution at the place of residence of the requested person. proposed by the organization.
Article 15 If the persons listed in Article 11 of these Regulations apply for legal aid, they shall apply to the legal aid institution where the people's court hearing the case is located. The detention center shall forward the application of a criminal suspect in custody to the legal aid agency within 24 hours, and the detention center shall notify the applicant's legal representative or close relative to assist in providing relevant documents and certificates required to apply for legal aid.
Article 16 If the applicant is a person without capacity for civil conduct or a person with limited capacity for civil conduct, his legal representative shall file the application on his behalf.
If legal aid is needed due to litigation or other interest disputes between a person without capacity for civil conduct or a person with limited capacity for civil conduct and his or her legal representative, other legal representatives who have no interest in the matter in dispute shall apply on their behalf. .