Can I apply for legal aid in the second instance of a criminal case?

You can apply for legal aid during the second instance appeal. If a criminal suspect or defendant does not retain a defender due to financial difficulties or other reasons, he or his close relatives may apply to a legal aid agency. For criminal suspects and defendants who meet the conditions for legal aid, legal aid agencies should designate lawyers to defend them.

Legal Basis

Article 11 of the "Regulations on Legal Aid in Criminal Procedures" Citizens may apply for legal aid from legal aid agencies: (1) The criminal suspect files for the first time in the investigation agency After interrogation or from the date when compulsory measures were taken, the victim did not hire a lawyer due to financial difficulties; (2) The victim of a public prosecution case and his legal representative or close relatives did not retain a lawyer due to financial difficulties from the date the case was transferred for review and prosecution. (3) Since the private prosecution case was accepted by the People's Court, the private prosecutor and his legal agent have not appointed a litigation agent due to financial difficulties.