I can I apply for legal aid in criminal cases?
You can apply for legal aid as long as you meet the conditions for applying for legal aid.
First, if a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, his close relatives may apply to a legal aid institution.
Second, if the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, 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.
Second, how to find a lawyer to provide legal aid
Legal aid can be applied to the Legal Aid Center of the Judicial Bureau, but it can only be applied if certain conditions are met.
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) 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.
Under any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) 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;
(three) 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.
Third, can a son-in-law be an agent ad litem?
A son-in-law can act as an agent ad litem. The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
1, lawyer, grassroots legal service worker;
2. Close relatives or staff members of the parties concerned;
3 citizens recommended by the community, units and relevant social groups where the parties are located.
An agent ad litem refers to a person who represents the principal in litigation activities according to the authorization of an agent. In China, except for cases in which the parties are required by law to conduct litigation in person, victims in criminal proceedings, private prosecutors, plaintiffs, defendants and third parties in civil proceedings can all be represented by litigation agents.
The relevant legal basis of this article.
Tenth "Legal Aid Regulations" for the following matters that need to be represented due to economic difficulties, citizens who do not have an agent may apply for legal aid from legal aid institutions:
(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.
Article 58 of the Civil Procedure Law of People's Republic of China (PRC) * * * The parties and legal representatives may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.