The time from acceptance of legal aid application to assistance is generally within 20 days (for criminal cases, the acceptance time on the notice shall prevail. Legal aid lawyers or legal service workers can meet with the recipient to provide first-time assistance. (The time is uncertain) The time will be shorter
Procedures for handling legal aid cases (Ministry of Justice Order No. 124)
Article 13 Legal aid institutions shall accept applications on their own. A review will be conducted within seven working days from the date of application and a decision will be made on whether to grant legal aid; if it falls within the provisions of Article 14 of these regulations, the review period may be extended appropriately.
Law. If after review, the aid agency finds that the application materials submitted by the applicant are incomplete or unclear, it shall issue a notice of supplementary materials or require the applicant to provide explanations. The time required for the applicant to supplement materials and make explanations will not be counted in the application review period. If the person fails to supplement materials or provide explanations as required, the application will be deemed to have been withdrawn.
Article 18 The application complies with the provisions of Articles 10 and 11 of the "Legal Aid Regulations" and falls under any of the following circumstances. , the legal aid agency may decide to provide legal aid first: (1) If the statute of limitations expires less than 7 days ago, it is necessary to file a lawsuit or apply for arbitration or administrative review in a timely manner;
(2) If it is necessary to immediately apply for property preservation, evidence preservation or advance execution; (3) In other emergency or special circumstances, the recipient shall be provided with legal aid in advance. The required application materials must be completed within the time limit determined by the legal aid agency. If the legal aid agency determines upon review that the recipient does not meet the financial hardship standards, the legal aid shall be terminated and the legal aid shall be terminated in accordance with the second paragraph of Article 33 of these regulations.
Article 20: For civil and administrative legal aid cases, the legal aid institution shall assign its affiliated law firm and grassroots legal services within seven working days from the date of decision to grant legal aid.
For criminal legal aid cases, the legal aid agency shall make a decision to grant legal aid or receive a designated defense notice. Within 3 working days, assign a law firm to arrange for a lawyer to handle the matter, or arrange for the legal aid lawyer of the institution to handle the matter.
Article 22: Legal aid agencies, law firms, grassroots legal service offices or others. Social organizations shall, within 5 working days from the date of assigning or arranging legal aid personnel, inform the recipients of the names and contact information of the legal aid personnel, and sign an agency agreement with the recipients, or sign a legal agreement with the recipients. The agent and close relatives sign an agency agreement, except if the recipient cannot sign an agency agreement on time due to reasons, the legal aid personnel shall inform the recipient of the name and contact information of the legal aid personnel within 5 working days, and Sign an agency agreement with the recipient or his legal representative or close relatives.
Article 29: For criminal cases to be heard by the People's Court, legal aid personnel shall make preparations before the trial; During the trial, legal aid personnel should fully present and cross-examine evidence; after the trial, legal aid personnel should submit written opinions on criminal defense or representation to the people's court. For cases that the People's Court decides not to open for trial, legal aid personnel shall submit written opinions on criminal defense to the People's Court within 10 days from the date of receipt of the letter of assignment from the legal aid agency. For other criminal cases that are not tried in court, legal aid personnel shall submit criminal defense or representation opinions within the time limit prescribed by the people's court.
Article 32 If the recipient has evidence to prove that the legal aid personnel do not perform their obligations in accordance with the law, they may request the legal aid agency to replace the legal aid personnel.
The legal aid institution shall decide whether to replace the legal aid personnel within 5 working days from the date when the recipient submits the application for replacement. If a replacement is decided, another person shall be assigned or arranged to undertake the responsibility. For criminal suspects or defendants who have circumstances that require designated defense, if the People's Court, People's Procuratorate, or Public Security Bureau decides to assign another defender, the legal aid agency shall designate or arrange for another person to undertake the case.
When legal aid personnel are replaced, the unit to which the original legal aid personnel belongs shall terminate or change the agency agreement with the recipient, and the original legal aid personnel shall go through the transfer procedures of case materials with the replaced legal aid personnel.
Article 34 Legal aid personnel shall submit case file materials to the legal aid agency within 30 days from the date of completion of the legal aid case.
A litigation case will be concluded on the date the legal aid staff receives the judgment, ruling or mediation letter. Arbitration cases and administrative reconsideration cases will be concluded from the date when the legal aid personnel receive the original or copy of the arbitration award and administrative review decision; other non-litigation legal matters will be concluded from the date the recipient and the other party reach a settlement or mediation agreement. The case shall be closed; if there are no relevant documents, the case shall be closed from the date the obligor begins to perform its obligations. If a legal aid agency terminates legal aid, the day when the unit's legal aid staff receives the decision to terminate legal aid will be the day the case is concluded.
Article 35 Legal aid agencies shall review the case files submitted by legal aid personnel within 30 days from the date of receipt. For cases where the dossier materials are complete, case handling subsidies shall be paid through the unit to which the legal aid personnel belong in accordance with regulations.