Regulations of Yanbian Korean Autonomous Prefecture on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation of the Autonomous Prefecture in order to standardize and promote the legal aid work and safeguard the legitimate rights and interests of citizens. Article 2 These Regulations shall apply to legal aid activities within the administrative area of Autonomous Prefecture. Article 3 Legal aid refers to a legal aid institution established by the people's government at or above the county level to organize legal aid personnel and provide free legal services to citizens with financial difficulties or parties to special cases according to law. Article 4 Legal aid is the responsibility of the government, and the people's governments at or above the county level shall take measures to promote legal aid and ensure the coordinated development of legal aid and economy and society. Article 5 The judicial administrative department of the people's government at or above the county level shall be responsible for organizing and implementing the legal aid work within its administrative area, and supervising and managing the legal aid institutions and their activities. Article 6 Administrative organs, people's procuratorates, people's courts, relevant enterprises and institutions, social organizations and other social organizations shall assist in legal aid work in accordance with laws, regulations and relevant provisions of the state. Seventh organizations and individuals that have made remarkable achievements in legal aid work shall be commended and rewarded by the people's governments at or above the county level. Chapter II Objects and Scope of Legal Aid Article 8 A citizen who meets one of the following conditions may apply for legal aid from a legal aid institution:

(a) to enjoy the minimum living allowance and receive unemployment insurance;

(2) Special care recipients with financial difficulties;

(three) due to natural disasters or other force majeure caused by economic difficulties are receiving relief;

(four) the disabled, the elderly, women, minors and families with financial difficulties or people adopted by social welfare institutions;

(5) Other persons who really need legal aid. Article 9 If the parties to a petition case with significant social impact meet the scope of assistance and apply for legal aid, they may provide legal aid after being examined by a legal aid institution and reported to the judicial administrative department at the same level for approval. Judicial administrative departments at all levels may, according to the specific circumstances of letters and visits, instruct legal aid institutions to provide legal aid. Article 10 A legal aid institution shall accept the following matters:

(a) migrant workers apply for payment of labor remuneration or claim compensation for work-related injuries;

(two) involving abuse, abandonment, domestic violence and violence to interfere with freedom of marriage;

(three) involving the maintenance of the elderly;

(four) the victims of traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;

(five) the legitimate labor rights and interests are damaged;

(six) due to land acquisition and demolition damage the legitimate rights and interests of the parties;

(seven) disputes arising from farmers' land contract;

(eight) fake and shoddy seeds, pesticides, fertilizers and environmental pollution damage the legitimate rights and interests of the parties;

(nine) due to the implementation of courageous acts, resulting in damage to their legitimate rights and interests;

(ten) whether the civil and labor disputes arising from the legal export of labor services meet the scope of accepting cases;

(eleven) to request state compensation;

(twelve) other relief matters as prescribed by laws and regulations. Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:

(a) the criminal suspect is unable to hire a lawyer due to financial difficulties after the first interrogation by the investigation organ or the date when compulsory measures are taken;

(2) Since the case of public prosecution was transferred for examination and prosecution, the criminal suspect has not entrusted a defender due to financial difficulties;

(3) Since the date of public prosecution, the defendant has not entrusted a defender due to financial difficulties;

(4) 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;

(five) 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. Article 12 In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant.

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. Chapter III Procedures for the Implementation of Legal Aid Article 13 In a criminal case designated by the people's court for defense, the people's court shall serve the designated defense notice and a copy of the indictment or a copy of the judgment or ruling to the local legal aid institution ten days before the court session.

The legal aid institution shall promptly hand over the materials related to the case to the legal aid personnel, and inform the designated people's court of the confirmed list of contractors three days before the opening of the people's court. Article 14 When applying for legal aid, the persons listed in Article 11 of these Regulations shall apply to the legal aid institution where the people's court hearing the case is located. The application of a criminal suspect in custody shall be transferred to a legal aid institution by the detention center within 24 hours, and the relevant documents and supporting materials required for applying for legal aid shall be notified by the detention center to the legal representative or close relatives of the applicant for assistance.

Where a citizen without or with limited capacity for civil conduct applies for legal aid, his guardian shall apply for it on his behalf. The agent applicant shall submit his agent qualification certificate to the legal aid institution.