I. Scope of legal aid:
(1) If a citizen is unable to entrust an agent to handle the following matters that need to be represented due to financial difficulties, he may apply to a legal aid institution for legal aid:
1, request state compensation according to law;
2, request to give social insurance benefits or minimum living allowance;
3. Requesting to pay pensions and relief funds;
4. Requesting to pay alimony, alimony and alimony;
5. Requesting payment of labor remuneration;
6. Advocating civil rights and interests arising from courageous acts;
7. Requests for treatment of work-related injuries;
8. Claims for compensation for personal injury caused by traffic accidents;
9. Advocate civil rights and interests arising from domestic violence.
(two) in any of the following circumstances in criminal proceedings, citizens can apply for legal aid from legal aid institutions:
1. The criminal suspect fails 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. 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 review and prosecution;
3. Since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Two, to apply for legal aid should also meet the following conditions:
(1) Persons with permanent residence in Beijing or working in Beijing and holding identity cards or other valid identification certificates;
(two) to apply for legal aid on behalf of others, it shall submit a certificate of agency;
(three) the matters applying for legal aid are under the jurisdiction of the courts and other institutions within the administrative area of this Municipality;
(4) I am really unable or unable to pay legal service fees due to financial difficulties.
Three, the standard of economic difficulties of urban residents:
(a) the economic difficulties of legal aid applicants in our city are determined according to whether the applicants enjoy the minimum living allowance for urban residents or the minimum living allowance for rural residents. The specific standards shall be based on the standard amount announced by the people's government of the district (county) where the applicant's household registration is located.
(2) If the standard of financial hardship of the applicant's domicile is inconsistent with that of the legal aid institution that accepts the application, the standard of financial hardship of the legal aid institution that accepts the application shall prevail.
(three) the minimum living guarantee certificate issued by the civil affairs department at or above the district (county) level is a written certificate for the legal aid applicant to prove his financial difficulties. If the victims who have not obtained the minimum living guarantee certificate or are receiving state relief during natural disasters apply for legal aid, the civil affairs department at or above the district (county) level or the subdistrict office (township and town people's government) of the applicant's domicile shall issue a certificate of the applicant's financial difficulties. The certificate must truthfully state the applicant's family population, employment status, family per capita income, etc.
(4) There is no need to examine the economic situation of the applicant for the civil rights and interests arising from the courageous behavior.
Four. Procedures for applying for legal aid:
(1) Applicants can apply for assistance directly at the Beijing Legal Aid Center or the legal aid institutions in various districts and counties in Beijing. Please contact the organization for detailed address and telephone number.
(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.
(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 five working days from the date of receiving the objection. Upon examination, if the applicant meets the requirements for legal aid, it shall order the legal aid institution in writing to provide legal aid to the applicant in a timely manner.
Matters needing attention in submitting application materials for legal aid
An applicant for legal aid shall submit the application materials for legal aid in accordance with the following requirements.
Two, fill in the application form for legal aid, please read the instructions and precautions, and then fill in one by one as required.
I want to remind you in particular that the case and reasons for applying for legal aid should be as detailed and clear as possible.
After completing the form, the applicant should sign, seal or fingerprint, and indicate the date of application. If the parties entrust an agent, the agent shall also sign or seal it.
Three, on behalf of others to apply for legal aid, should fill in the application for legal aid power of attorney as required. The power of attorney for applying for legal aid shall be signed, sealed or fingerprinted by the client and the trustee.
If the trustee is the legal agent of the applicant, he shall show his legal agent qualification certificate. If the client has certain civil capacity (such as 10- 18-year-old minors), he shall also sign legal aid documents such as the legal aid application form.
Four. Proof of financial difficulties, except the family's financial difficulties, should indicate the specific figures of the applicant's family's per capita income, such as the per capita monthly income of XXX family is RMB 298.
Five, when applying for legal aid materials, it shall submit the original materials and provide a copy of the original. After the application materials are audited by the auditor of the center, the original copies shall be returned to the applicant (except the original proof of financial difficulties), and a copy shall be submitted to the legal aid center for filing.
Working hours of the center: Monday to Friday
Mailing address: Beijing Legal Aid Center, No.3 zhushikou East Street, Chongwen District, Beijing.
Postal code: 100050
Legal aid hotline: 6708 1 148, 67086 148.
Miyun County Legal Aid Center]
Tel: 6905649 1
Mailing address: Xinli North District, Xiyuan, Miyun County
Postal code: 10 1500
[Miyun County 148 Legal Service Line]
Tel: 69040 148
Mailing address: Ximenwai Street 12, Miyun County
Postal code: 10 1500