Legal aid ensures that citizens with financial difficulties and other legal conditions can obtain necessary legal services. Here I have collected a copy of "20 19 Yunnan Legal Aid Regulations" for your reference, hoping to help friends in need!
Article 1 In order to ensure that citizens with financial difficulties and other legal conditions obtain necessary legal services, and promote and standardize legal aid work, these Regulations are formulated in accordance with the Regulations on Legal Aid of the State Council and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 The term "legal aid" as mentioned in these Regulations refers to the legal aid institutions established by the judicial administrative departments of the people's governments at or above the county level, which organize legal service institutions and legal aid personnel according to law to provide free legal services for citizens with financial difficulties or other legal conditions.
Legal service institutions refer to law firms, notary offices, grassroots legal service offices and judicial authentication institutions registered in our province according to law.
Legal aid personnel refer to full-time staff of legal aid institutions and lawyers, notaries, grassroots legal service workers, judicial experts and legal aid volunteers assigned or arranged by legal aid institutions to undertake legal aid matters.
Recipients refer to citizens who have obtained legal aid according to law.
Article 3 Legal aid is the responsibility of the government. The people's governments at or above the county level shall incorporate legal aid work into the national economic and social development plan, incorporate legal aid funds into the fiscal budget at the same level, and gradually increase financial input with economic and social development, ensure the institutions and personnel of legal aid work, and coordinate the legal aid cause with economic and social development.
Provincial, state (city) finance should set up a special grant fund for legal aid and give appropriate subsidies to places with financial difficulties.
The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of finance, auditing and relevant departments.
Article 4 The judicial administrative departments of the people's governments at or above the county level shall supervise and manage the legal aid work within their respective administrative areas and strengthen the publicity of the legal aid work.
Fifth support and encourage trade unions, the Communist Youth League, women's federations and other people's organizations, institutions of higher learning and other social organizations to use their own resources to provide free legal services to citizens with financial difficulties.
The people's governments at or above the county level and the judicial administrative departments shall commend and reward the units and individuals that have made outstanding contributions in legal aid work.
Article 6 Legal aid institutions shall be responsible for accepting and examining applications for legal aid, and assigning or arranging legal service institutions and legal aid personnel to provide legal aid to citizens who meet the requirements of these Regulations.
Legal aid institutions shall train, guide and supervise legal service institutions and legal aid personnel.
Article 7 Citizens who need legal aid due to financial difficulties may apply for legal aid from legal aid institutions for 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;
(6) claiming that civil rights and interests arise from the act of being courageous;
(seven) claims for personal injury or property loss caused by industrial accidents, traffic accidents, medical accidents, product quality accidents, etc. ;
(8) Claiming civil rights and interests due to domestic violence, abuse or abandonment;
(nine) other matters determined by the state and the province.
Article 8 In criminal proceedings, citizens may apply for legal aid from legal aid institutions under any of 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) 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.
Article 9 The standard of citizens' financial difficulties is 65438+ 0.5 times of the minimum living standard for urban and rural residents in counties (cities, districts) where legal aid institutions accept applications.
If the applicant encounters temporary economic difficulties caused by natural disasters, casualties, diseases, etc. , should be determined by the legal aid institutions according to the actual situation.
Tenth proof of financial difficulties by the applicant's domicile or habitual residence neighborhood offices, township (town) people's government issued. The proof of economic difficulties shall truthfully state the applicant's family population, labor ability, employment status, family property, monthly (annual) per capita disposable income and sources.
Neighborhood offices and township (town) people's governments shall complete the audit within 5 working days after receiving the citizens' proof of economic difficulties, and issue the proof of economic difficulties to those who meet the conditions; Do not meet the conditions, shall not be issued, and inform the applicant in writing, explain the reasons. If the applicant has any objection, he may apply to the people's government at the county level for review within 10 working days from the date of receiving the written notice, and the people's government at the county level shall make a review decision within 5 working days from the date of receiving the application.
Article 11 An applicant shall be deemed to meet the criteria of economic hardship under any of the following circumstances, and may not issue a certificate of economic hardship, but shall issue corresponding certificates or certification materials:
(a) rural "five guarantees" object;
(2) Personnel of social welfare institutions supported by the government or charitable organizations;
(3) Persons with disabilities who have no fixed source of livelihood and have a disability level of one to five;
(four) people who are enjoying the minimum living allowance;
(5) Employees with special hardship certificates issued by the Federation of Trade Unions at or above the county level;
(6) people living on pensions;
(seven) migrant workers who request to pay labor remuneration and compensation for work-related injuries.
Twelfth legal aid institutions should provide legal aid to citizens who claim civil rights and interests because of their courageous acts.
Thirteenth legal aid mainly takes the following forms:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal agency;
(3) civil litigation agent;
(4) administrative litigation agency;
(5) Labor dispute arbitration institutions;
(6) Legal services such as notarization and judicial expertise.
Article 14 A citizen applying for legal aid for matters listed in Article 7 of these Regulations shall apply in accordance with the following provisions:
(a) to request state compensation and apply to the legal aid institution where the organ liable for compensation is located;
(2) Where a request for social insurance, minimum living allowance, pension or relief fund is made, an application shall be made to the legal aid institution where the organ obligated to provide social insurance, minimum living allowance, pension or relief fund is located;
(3) Where a request for payment of alimony, alimony or alimony is made, an application shall be made to the legal aid institution at the domicile of the obligor who pays alimony, alimony or alimony;
(four) to request payment of labor remuneration, it shall apply to the legal aid institution at the domicile of the person who pays labor remuneration;
(five) claims for civil rights and interests arising from the courageous act, apply to the legal aid institution of the respondent's domicile;
(6) claiming compensation for personal injury or property loss caused by industrial accidents, traffic accidents, medical accidents, product quality accidents, etc. , it shall apply to the legal aid institution in the place where the infringement occurred or where the respondent lived;
(seven) because of domestic violence, abuse, abandonment, claiming civil rights and interests, apply to the legal aid institution where the infringement occurred or where the respondent lived.
Article 15 When applying for legal aid, the persons listed in Article 8 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 within 24 hours by the detention center, 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.
Sixteenth legal aid institutions shall complete the examination within 7 working days from the date of accepting the application, and make a written decision on whether to provide legal aid.
If the applicant disagrees with the decision made by the legal aid institution not to grant aid, he may apply to the competent judicial administrative department for review within 15 days from the date of receiving the decision. The judicial administrative department shall complete the review within 5 working days from the date of receiving the application for review. After examination, it is considered that the legal aid conditions are met, and the legal aid institution shall be ordered in writing to provide legal aid in time, and the applicant shall be notified at the same time; Do not meet the conditions of legal aid, it shall maintain the decision not to aid, and inform the applicant in writing of the reasons.
Seventeenth applications for legal aid shall be accepted by legal aid institutions. If more than two legal aid institutions can accept the application, the applicant shall apply to one of them. Where an applicant applies to more than two legal aid institutions, the legal aid institution that first receives the application shall accept it.
Disputes arising from the acceptance of legal aid cases between legal aid institutions shall be designated by the judicial administrative department at the next higher level.
Eighteenth legal aid institutions that the case is significant, complex and cross administrative regions, can request the legal aid institutions at the next higher judicial administrative department to designate or directly handle.
If the legal aid institution of the judicial administrative department at a higher level deems it necessary, it may directly handle the legal aid cases under the jurisdiction of the legal aid institution of the judicial administrative department at a lower level, or designate the legal aid cases under its jurisdiction to be handled by the lower level or other legal aid institutions.
Legal aid institutions may entrust legal aid institutions in different places to assist in handling relevant legal aid matters, and legal aid institutions in different places shall provide assistance.
Article 19 If the applicant is a person without or with limited capacity for civil conduct, his legal representative or guardian shall apply for it on his behalf. If there is no legal representative or guardian, an application shall be filed by the neighborhood Committee, village Committee or civil affairs department of the applicant's domicile or habitual residence.
Article 20 After receiving an application for legal aid from a criminal suspect or defendant in custody transferred by a public security organ, a people's procuratorate or a people's court, a legal aid institution shall promptly notify the public security organ, a people's procuratorate or a people's court of the examination decision.
Twenty-first applicants apply for legal aid according to the decision of the people's court to grant legal aid, and the legal aid institution shall directly make a decision to grant legal aid if it meets the circumstances stipulated in Articles 7 and 8 of these Regulations. If the recipient applies to the people's court for judicial assistance on the basis of the decision to grant legal aid, the people's court shall directly make a decision to grant judicial assistance.
Twenty-second in any of the following circumstances, in line with the provisions of Article 7 and Article 8 of this Ordinance, the legal aid institution may immediately decide to provide legal aid, and the applicant shall submit relevant certification materials:
(1) The limitation of labor dispute arbitration and litigation is about to expire;
(two) the need to take immediate protective measures;
(3) The party concerned is in danger of life safety and major property;
(four) failure to provide legal aid in time will cause adverse social impact and intensify social contradictions.
The legal aid institution shall timely review the matters of providing legal aid in advance; Legal aid shall be terminated if it fails to meet the conditions for legal aid after examination.
Twenty-third due to one of the following circumstances can not provide legal aid, legal aid institutions shall explain the reasons in writing to the applicant:
(a) the application matters do not belong to the scope of the people's court or labor dispute arbitration;
(two) the respondent is not clear or the applicant can not provide evidence related to the case and can not investigate and collect evidence;
(three) the appeal case has not been put on file by the people's court;
(four) the application has exceeded the statutory limitation;
(five) the legal aid matters have been concluded or completed, and the applicant applies for legal aid again for the same facts and reasons.
Article 24 If the person in charge of a legal aid institution or the approver of a legal aid application is a close relative of the legal aid applicant or has an interest in the application, he shall withdraw.
The withdrawal of personnel of legal aid institutions shall be decided by the person in charge of legal aid institutions; The withdrawal of the person in charge of a legal aid institution shall be decided by the competent judicial administrative department.
Article 25 The people's court shall send the designated notice of defense, a copy of the indictment, a copy of the protest or a copy of the judgment to the legal aid institution established by the people's government at the same level for unified reception and implementation before the opening of the court session.
The notice of the people's court's designated defense shall specify the nature of the case, the name of the defendant, the reasons for the designated defense, the name and contact information of the case undertaker. If a hearing has been confirmed, the time and place of the hearing shall be specified.
The legal aid institution shall reply the names, professional qualifications and contact information of the confirmed legal aid personnel to the designated people's court 3 days before the court session.
Twenty-sixth after receiving the decision of legal aid, the recipient shall go through the entrustment formalities at the legal service institution designated by the decision, and clarify the rights and obligations of both parties.
Twenty-seventh recipients have the right to know the progress of providing legal aid to them. If there is evidence to prove that the legal aid personnel have failed to perform their due duties, the recipient may request the legal aid institution to replace them.
The recipient shall cooperate with legal aid personnel to carry out legal aid work, and shall not conceal the truth or provide false materials. If the recipient fails to fulfill the obligation of cooperation or refuses the legal service institution or legal aid personnel designated by the legal aid institution without justifiable reasons, he may not apply for legal aid again for the same matter.
If the recipient no longer meets the conditions of legal aid due to the improvement of economic situation during the period of receiving aid, he has the obligation to inform the legal aid institution in time, and the legal aid institution shall terminate the legal aid.
Twenty-eighth legal aid workers should carry out legal aid activities according to law, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of recipients.
Legal aid personnel shall not have the following acts in legal aid activities:
(a) refusing, delaying, terminating or entrusting others to handle legal aid matters without justifiable reasons;
(two) to collect property from the recipient or seek other illegitimate interests;
(3) disclosing the privacy of the recipient;
(4) Failing to inform the recipient of the progress of legal aid matters in time;
(five) found that the recipient does not meet the conditions of legal aid, and did not report to the legal aid institution for approval to terminate the legal aid.
Twenty-ninth legal aid matters closed within 15 days, legal aid personnel shall submit the closing report, legal documents and other closing materials to legal aid institutions.
Thirtieth legal aid institutions shall complete the examination within 10 working days from the date of receiving the closing materials. Those who pass the examination shall pay legal aid handling subsidies to legal aid personnel within 30 days from the date of passing the examination, and those who fail the examination shall be required to make corrections.
The standard of legal aid subsidy for handling cases shall be approved by the provincial judicial administrative department in conjunction with the provincial financial department and adjusted according to the level of economic development.
Thirty-first provincial legal aid foundation shall carry out activities according to law, accept donations from enterprises, institutions, other social organizations and individuals, and provide financial or material support for legal aid. The legal aid fund shall be earmarked for special purposes, and shall be subject to the supervision of relevant departments and society.
Encourage enterprises, institutions, other social organizations and individuals to donate property to legal aid. Those who donate property shall enjoy preferential tax treatment in accordance with relevant state regulations.
Article 32 State organs, enterprises, institutions and other social organizations shall support and cooperate with legal aid institutions and legal aid personnel to carry out legal aid work and provide convenient conditions. The inquiry fee, consulting service fee, file protection fee, certification fee and material reproduction fee for handling legal aid matters shall be reduced or exempted.
Thirty-third staff members of the judicial administrative department, legal aid institutions, legal service institutions and legal aid personnel who violate the relevant laws, regulations and the provisions of these Regulations in legal aid activities shall be punished or administratively punished by the judicial administrative department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Notary offices, grassroots legal service offices, judicial authentication institutions and notaries, grassroots legal service workers and judicial authentication personnel who violate the provisions of these regulations shall be punished according to the provisions of Articles 27 and 28 of the Legal Aid Regulations of the State Council.
Thirty-fourth citizens to conceal, cheat and other improper means to obtain legal aid, legal aid institutions shall terminate the legal aid, and recover the relevant legal aid fees.
Those who issue false certificates of economic difficulties shall be punished by their units or higher authorities according to law.
Article 35 These Regulations shall come into force on July 0, 2065438.
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