Regulations of Chongqing Municipality on Legal Aid

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and the Regulations on Legal Aid of the State Council, and in combination with the actual situation of this Municipality, in order to ensure that citizens with financial difficulties and other personnel prescribed by law obtain necessary legal services, and to promote and standardize legal aid work. Article 2 Citizens who meet the requirements of these Regulations may obtain legal services such as legal consultation, agency and criminal defense free of charge in accordance with these Regulations. Article 3 Legal aid is the responsibility of the government. The people's governments of cities and counties (autonomous counties, cities) shall include the funds for legal aid in the fiscal budget at the same level to ensure the coordinated development of legal aid and economy and society.

Encourage the society to provide donations and other help to legal aid.

The funds for legal aid shall be earmarked, announced to the public regularly, and subject to the supervision of the financial and auditing departments. Article 4 The municipal judicial administrative department shall be responsible for the legal aid work in the whole city. The judicial administrative departments of counties (autonomous counties and cities) shall be responsible for the legal aid work within their respective administrative areas.

According to the articles of association of the Lawyers Association, the Municipal Lawyers Association shall assist in the legal aid work implemented in accordance with these regulations. Article 5 The judicial administrative departments of cities, districts and counties (autonomous counties and cities) shall determine or establish legal aid institutions within their respective administrative areas.

Legal aid institutions are responsible for accepting and examining applications for legal aid, and assigning or arranging personnel to provide legal aid to citizens who meet the requirements of these regulations. Article 6 Legal aid workers shall perform their legal aid obligations in accordance with the provisions of laws and regulations, provide legal services that meet the standards for recipients, safeguard the legitimate rights and interests of recipients according to law, and accept the supervision of judicial administrative departments. Seventh support and encourage trade unions, the Communist Youth League, women's federations and other social organizations, institutions and relevant social organizations to provide legal aid to citizens with financial difficulties. Article 8 The people's court shall provide judicial assistance when accepting legal aid cases provided by legal aid institutions.

Labor and personnel disputes at all levels and arbitration institutions such as Chongqing Arbitration Commission shall postpone, reduce or waive the relevant fees for the recipients of legal aid cases. Ninth legal aid institutions and legal aid workers to carry out legal aid work according to law, state organs, social organizations, enterprises and institutions and other organizations shall give support.

If legal aid personnel inquire and copy relevant materials according to law, relevant state organs, social organizations, enterprises, institutions and other organizations shall provide them free of charge. Chapter II Scope of Assistance Article 10 If a citizen fails 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) Requesting state compensation according to law;

(2) Requesting social insurance benefits or minimum living security benefits;

(3) requesting the payment of pensions and relief funds;

(4) Requesting to pay alimony, alimony and alimony;

(5) Requesting payment of labor remuneration;

(six) the disabled claim tort compensation;

(seven) minors claim damages, and their guardians are in financial difficulties;

(eight) other matters required by laws and regulations. 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. Article 12 If the defendant in a public prosecution case fails to appoint a defender due to financial difficulties or other reasons, and the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid. Thirteenth in any of the following circumstances, the legal aid institution shall provide legal aid without examining the financial situation of the recipient:

(1) Claiming the civil rights and interests arising from the courageous acts;

(2) The defendant in a public prosecution case is blind, deaf or dumb, or a minor has not entrusted a defender, and the people's court has appointed a defender for the defendant;

(3) The people's court appoints a defender for a criminal defendant who has been sentenced to death and has not entrusted a defender. Fourteenth urban residents' financial difficulties standards shall be implemented in accordance with the minimum living security standards stipulated by the people's governments of counties (autonomous counties and cities) where they live; The standard of economic hardship for rural residents shall be implemented in accordance with the living standard of rural poor people stipulated by the people's governments of counties (autonomous counties and cities).

Where 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. Article 15 When handling cases or administrative affairs, the staff of judicial organs and administrative organs shall inform eligible parties or applicants of their right to obtain legal aid and the conditions for applying for legal aid. Chapter III Application, Acceptance and Implementation Article 16 When applying for legal aid for the following matters of these Regulations, citizens 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 benefits, minimum living allowance or payment of pensions and relief funds is made, an application shall be made to the legal aid institution where the organ undertaking the obligation of granting social insurance benefits, minimum living allowance or payment of pensions and relief funds 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) to claim the civil rights and interests arising from the courageous act, and to apply to the legal aid institution of the respondent's domicile;

(6) Where a disabled person or a minor requests tort compensation, he shall apply to the legal aid institution in the place where the compensation obligor resides.