Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
Article 278 If a juvenile criminal suspect or defendant fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to defend his appointed lawyer.
Article 293 When a people's court tries a case by default, the defendant has the right to entrust a defender, and the close relatives of the defendant may also entrust a defender. If the defendant and his close relatives have not entrusted a defender, the people's court shall notify the legal aid institution to appoint a lawyer to defend him.
Article 304 After accepting the application for compulsory medical treatment, the people's court shall form a collegial panel for trial.
When trying a compulsory medical case, the people's court shall notify the legal representative of the respondent or the defendant to be present. If the respondent or the defendant has not entrusted an agent ad litem, the people's court shall notify the legal aid institution to appoint a lawyer to provide legal aid.
Extended data
Case:
His wife died in a car accident on her way to work. Zhao Chen (pseudonym), a citizen of Yongcheng, Henan Province, decided to give up after the first lawsuit.
It took more than 2 months and paid 5000 yuan in legal fees. This lawsuit only confirms the labor relationship. Then apply for labor arbitration, compensation for work-related injuries, and three children have to study ... Zhao Chen can't afford the time, let alone legal fees.
"We are also at fault." Zhao Chen talked about the case with a sincere face. Qin Xiao, his wife, borrowed her cousin's certificate to sign a labor contract because her ID card was lost. Unexpectedly, industrial injury compensation has become a problem.
My wife worked in the enterprise for a few years, and then she did it for nothing. Zhao Chen couldn't figure it out. The yongcheng city Justice Bureau assigned him a lawyer for free. In three years and seven lawsuits, he didn't spend a penny and got a winning verdict. Zhao Chen has benefited from the legal aid system implemented in Henan since 1997. People in difficulty involved in the case can get legal services free of charge.
At first, Zhao Chen was not eligible for assistance. 20 14 Henan further lowered the threshold of legal aid, and expanded the aid target from the needy to the low-income people. As soon as the standard is lowered, the scope of legal aid will be extended to 40% of the population in Henan.
After accepting the case, Li, director of yongcheng city Legal Aid Center, analyzed the case: it is difficult to determine the relationship of work-related injury insurance in this case, and the compensation subject does not know whether it is the employer or the work-related injury insurance unit. The road to safeguarding rights is not smooth. If the court loses the case, the arbitration institution will not accept it, and the insurance center will not pay compensation. More than two years have passed in a blink of an eye.
At the beginning of 20 17, Li changed his mind, filed an administrative lawsuit with the court, and communicated the facts of the case with the judge many times. Finally, the court recognized the fact that Qin Xiao was working, and asked the Industrial Injury Insurance Center to pay Zhao Chen more than 500,000 yuan in compensation. Like Zhao Chen, over the past five years, 865,438+800,000 needy people in Henan Province have received legal aid, involving 472,000 cases.
Zhou Jisheng, a member of the party group and inspector of the Henan Provincial Department of Justice, said that from the introduction of legal aid and the continuous improvement of convenience measures, to the implementation of the lawyer's duty system and the protection of judicial human rights, legal aid in Henan Province has been gradually improved, providing full coverage and universal legal services. Legal aid has become an important force to maintain social harmony and stability.
People's Network-Legal aid benefits low-income people. Zhao Chen won the victory.