Applied process materials
(a) the applicant may apply for assistance directly to the municipal legal aid center or the legal aid institutions in all districts and counties of the city. Please check the detailed address and telephone number of this institution, or fill out the legal aid application form online to apply for assistance.
(two) the applicant for legal aid shall submit the following materials at the same time:
1, legal aid application form, and indicate the following items:
(1) Basic information of the applicant;
(two) the facts and reasons for applying for legal aid;
(3) The financial situation of the applicant;
(4) List of certificates and certification materials provided by the applicant;
(5) A statement that the applicant guarantees that the documents and evidential materials submitted are true.
Applicants who have difficulty in writing can apply orally, and the receptionist will record it in the record according to the above requirements, and the applicant will sign it or confirm it by fingerprint.
2. Resident identity card, household registration certificate or other valid identification;
3, the applicant's domicile or domicile of the township government, neighborhood offices or the labor and personnel department of the applicant's unit issued by the applicant and family members;
4. Certificates and evidential materials related to the application for legal aid;
5 other materials that the legal aid institution deems necessary.
Objects and conditions for applying for legal aid:
(1) Applicants for legal aid must be citizens who are in financial difficulties or unable to pay legal service fees due to accidents, and defendants designated by the people's courts to defend them in criminal proceedings.
(2) When applying for legal aid, citizens shall submit the following relevant materials to legal aid institutions:
1, ID card or other valid identification. If the agent applies on his behalf, a power of attorney shall also be submitted;
2. Proof of economic difficulties;
3, apply for legal aid matters and related evidence materials.
The standard of economic difficulties shall be implemented with reference to the minimum living standard for urban and rural residents promulgated by the local people's government at the county level.
Legal aid refers to a legal system in which lawyers, notaries and other legal service personnel provide free or reduced legal aid to parties in certain economic difficulties or special cases under the guidance and coordination of national legal aid agencies to ensure the realization of their legitimate rights and interests. This system is actually the help of the law to the poor, the weak and the disabled, and it is an important guarantee measure to realize equality before the law. China's Civil Procedure Law, Criminal Procedure Law and Lawyers Law all stipulate legal aid.
(three) the legal aid institution shall, within ten working days from the date of receiving all the materials for applying for assistance, make a decision on whether to grant legal aid:
1. For those who meet the requirements, make a written decision to agree to provide legal aid, designate legal service institutions to undertake legal aid affairs, and notify the recipients. The legal aid institution and the recipient shall sign a legal aid agreement;
2, do not meet the conditions, make a decision not to grant legal aid, and notify the applicant in writing.
(4) If the applicant disagrees with the notice made by the legal aid institution that does not meet the conditions for legal aid, he may submit it to the judicial administrative department that determines the legal aid institution, and the judicial administrative department shall conduct an examination within 5 working days from the date of receiving the objection.
Scope and implementation of legal aid
Involving the following legal matters, the parties who meet the above conditions may apply for legal aid: (1) criminal cases; (two) the legal issues of claiming alimony, alimony and alimony; (3) Legal matters related to the claim for compensation for work-related injuries, except for accidents; (four) the legal matters of the deaf and other disabled persons, minors and the elderly who claim tort compensation; (5) Litigation cases requesting state compensation; (six) the legal matters of applying for pensions and relief funds; (seven) other legal matters that require legal aid.
The forms of implementing legal aid include: legal consultation and drafting legal documents on behalf of others; Criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate and other forms of legal services.
Application method
You can apply to the Legal Aid Center of the District Judicial Bureau. Under any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions:
1. After the first inquiry by the investigation organ or compulsory measures are taken, the criminal suspect fails to hire a lawyer due to financial difficulties;
Two, the victims of public prosecution cases and their legal representatives or close relatives, since the date of the case transferred for review and prosecution, due to financial difficulties, did not entrust an agent ad litem;
3. After the people's court accepted the case of private prosecution, the private prosecutor and his legal representative failed to entrust an agent ad litem due to financial difficulties;
Four, the public prosecutor to appear in court for public prosecution, the defendant did not entrust a defender due to financial difficulties or other reasons, and the people's court appointed a defense for the defendant, the legal aid institution shall provide legal aid.
Matters needing attention
1, application conditions
(1) The application matters fall within the scope of legal aid provisions (cases that need to be resolved through litigation or arbitration procedures should have been filed).
(2) There are sufficient reasons to prove that legal aid is really needed to protect their legitimate rights and interests.
(3) Being unable or completely unable to pay legal service fees due to financial difficulties.
(4) the city's household registration or holding a temporary residence permit in this city.
2. Which legal aid institution should the applicant apply to?
(1) Criminal, civil and administrative litigation cases that have been filed shall be accepted by the legal aid center at the same level where the people's court with jurisdiction is located.
(2) Non-litigation legal affairs that do not need to be solved by the court shall be accepted by the legal aid center where the applicant is located or where the work unit is located.
(3) If two or more legal aid centers have jurisdiction over the same case, it shall be under the jurisdiction of the legal aid center that first accepted the application.
3. What rights does the recipient enjoy?
(1) can help them understand the progress of legal aid activities.
(2) There are facts that prove that the legal aid contractor has not performed his duties correctly, and he may request the replacement of the contractor.
(three) there is a conflict of interest, you can apply for the withdrawal of legal aid examiners.
4. Obligations of the donee
(1) Truthfully provide the facts and relevant materials that can prove to safeguard their legitimate rights and interests, and the supporting materials that can prove that it is really necessary to reduce or exempt legal service fees due to economic difficulties.
(2) Provide necessary cooperation to legal aid personnel.
(3) When the recipient gains great benefits from the settlement of the case or matters requiring assistance, he shall pay all or part of the expenses to the legal aid center according to the prescribed charging standards.
legal ground
Legal aid regulations
Article 10 A citizen who has no agent or defender may apply for legal aid or be appointed by the people's court to defend the following matters:
(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;
(seven) the criminal suspect has not hired a lawyer because of financial difficulties after being questioned by the investigation organ for the first time or since the date when compulsory measures are taken;
(eight) 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;
(nine) 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;
(10) If the defendant fails to appoint 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;
(11) If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.