The legal aid center is the official name of the government's legal aid institutions, and the judicial administrative departments of the people's governments of municipalities directly under the central government, cities divided into districts and counties determine the legal aid institutions within their respective administrative areas according to their needs. A legal aid center is a place that provides free legal services.
In reality, there will be some suspects and defendants who have not hired lawyers for some reasons. In order to protect their right to defense, the law stipulates the legal aid system.
Criminal procedure stipulates that citizens can apply for legal aid from legal aid institutions under the following circumstances:
(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) 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, and the people's court formulates a defense for the defendant, the legal aid institution shall provide legal aid.
(3) 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;
(four) 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.
Second, the object of legal aid
According to the relevant regulations, the object of legal aid in China is China citizens and foreign citizens who meet certain conditions, that is, the parties to economic difficulties and special cases. The conditions of legal aid can be divided into general conditions and special conditions.
(1) General conditions. China citizens who are really unable or completely unable to pay for legal services due to financial difficulties (subject to the minimum living standard stipulated by local government departments) and have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests may apply for legal aid.
(2) Special circumstances. Mainly refers to the special circumstances that the defendant in a criminal case should have to obtain legal aid, mainly including the following:
(1) The deaf-mute or minor is a criminal defendant or criminal suspect, and the defendant may be sentenced to death without entrusting a defense lawyer;
(2) Other disabled people and elderly people are criminal defendants or criminal suspects, and they are unable to hire defense lawyers due to financial difficulties;
Legal aid institutions are institutions responsible for organizing, guiding, coordinating, supervising and implementing legal aid work in their own regions, collectively referred to as "legal aid centers".
The Ministry of Justice of the People's Republic of China has a legal aid center to guide and coordinate the legal aid work throughout the country. Judicial administrative organs at all levels should actively report to the Party committee and government, strive for the support of relevant departments, set up legal aid centers as soon as possible, and guide, coordinate and organize legal aid work in their own regions.
Where there is no legal aid center, the judicial bureau shall appoint personnel as legal aid centers.
Law firms, notary offices and grassroots legal service institutions shall implement legal aid under the unified coordination of local legal aid centers.
Legal aid activities carried out by other organizations and schools shall be subject to the guidance and supervision of the local legal aid center.
Legal basis:
regulations of the people's republic of china on legal aid
Article 10 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(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.
Eleventh in criminal proceedings, under any of the following circumstances, citizens can 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.