Scope of legal aid
According to Articles 10 and 11 of the "Legal Aid Regulations of the People's Republic of China" It stipulates that citizens who have the following matters and have not entrusted an agent or defender can apply for legal aid or have a defense appointed by the people's court:
1. Requesting state compensation according to law.
2. Requesting social insurance benefits or minimum living security benefits.
3. Requesting for pensions and relief funds.
4. Requesting payment of alimony, child-rearing, and support.
5. Request for payment of labor remuneration.
6. Claiming civil rights and interests arising from acts of bravery and righteousness.
7. Personal injury compensation cases caused by medical accidents, traffic accidents, and work-related injuries.
8. Cases in which the victim requests divorce and personal injury compensation due to domestic violence, abuse, bigamy, etc.
9. The criminal suspect did not hire a lawyer due to financial difficulties after being questioned for the first time by the investigation agency or from the date when compulsory measures were taken.
10. The victim, his legal representative or his close relatives do not retain a lawyer. The victim of a public prosecution case, his legal representative, and close relatives have not retained an agent ad litem due to financial difficulties since the date the case was transferred for review and prosecution.
11. The private prosecutor and his legal agent in a private prosecution case have not entrusted a litigation agent due to financial difficulties since the day the People's Court accepted the case.
12. In a case where the public prosecutor appears in court for public prosecution, and the defendant does not retain a defender due to financial difficulties or other reasons, and the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid.
13. If the defendant is blind, deaf, mute or a minor and has not appointed a defender, or the defendant may be sentenced to death and has not appointed a defender, and the people's court appoints a defender for the defendant, legal aid Institutions should provide legal aid without examining the financial status of the defendant.
Legal aid work flow:
1. Reception of consultation
. Reception and consultation
Legal aid agency staff should warmly receive visitors, carefully answer the legal issues consulted, fill in the "Legal Aid Visitor (Telephone, Letter) Consultation Registration Form", and register the reception or consultation results Registered.
2. Acceptance and Assignment
1. Acceptance. After receiving the application, the legal aid institution shall carefully review the supporting materials submitted by the applicant to determine whether it meets the legal aid application conditions. If the applicant meets the conditions, it shall guide the applicant to fill out the "Legal Aid Application Form".
2. Legal aid agencies should review the type of case to determine whether it falls within the scope of legal aid cases. Assistance begins after the people's court accepts the case or the arbitration institution accepts the case.
3. The legal aid institution shall make a decision on whether to provide assistance within 5 working days after accepting the application. If the applicant objects to the legal aid agency's decision not to grant assistance, he or she may lodge a complaint with the judicial administrative department that determines the legal aid agency.
4. Cases that meet the conditions for legal aid shall be reviewed and approved by the principal person in charge of the legal aid agency, who shall sign an opinion on the "Decision on Granting Legal Aid"; it is considered that the applied case does not fall within the scope of legal aid, but based on the actual situation If the situation warrants assistance, it must be reported to the person in charge of the legal aid agency and the person in charge of the judicial administration agency for review and approval.
5. If the legal aid institution decides to provide assistance, it shall issue corresponding legal aid documents to the applicant, which shall be forwarded by the applicant to a law firm, legal service office or legal aid staff. Establish working contacts with lawyers and parties to keep abreast of the handling of legal aid cases. The main documents that should be issued are:
(1) "Decision to Grant Assistance"
(2) "Power of Attorney"
(3) "Legal Assistance Agreement"
(4) "Notice of Assignment"
(5) Official letter of criminal (civil) and legal aid
6. Designated defense by the People's Court For cases involving legal aid, the legal aid agency shall appear in court for defense at the place of trial. The legal aid institution shall assign or arrange for a lawyer to appear in court for defense, and shall reply to the People's Court designated for defense with a confirmed list of attorneys three days before the hearing.
7. Anyone who violates the conditions or refuses to perform assistance obligations shall be punished in accordance with the provisions of Articles 26, 27, 28 and 29 of the "Legal Aid Regulations" punishment.
3. Case Supervision
Legal aid agencies shall supervise the assigned and handled legal aid cases in the following forms.
1. Litigation supervision. Litigation supervision. Legal aid agencies should supervise the legal aid cases handled, establish working contacts with lawyers and parties, understand the case handling situation, and promptly handle problems encountered in case handling.
2. Post-event supervision. Legal aid institutions shall organize and archive the case files within one month after the legal aid cases assigned or handled by themselves are completed. It is necessary to evaluate the handling of legal aid cases by reviewing files and soliciting opinions from lawyers and parties, etc., and summarize the handling in a timely manner as the basis for future rewards and punishments.