Does the court charge for legal aid?
1. Is it necessary to charge for legal aid? Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. There is no charge for applying for legal aid. 1. Article 3 of the Regulations on Legal Aid stipulates that legal aid is the responsibility of the government, and the people's governments at or above the county level shall take active measures to promote legal aid, provide financial support for legal aid, and ensure the coordinated development of legal aid and economy and society. The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments. Article 22 stipulates that persons handling legal aid cases shall abide by professional ethics and practice discipline, and shall not collect any property when providing legal aid. Article 24 stipulates that, after receiving the closing materials, legal aid institutions shall pay legal aid handling subsidies to lawyers assigned to handle legal aid cases. The subsidy standard shall be approved by the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government in conjunction with the financial department at the same level, according to the local economic development level, the average cost of participating legal aid institutions in handling various legal aid cases and other factors, and may be adjusted as needed. Article 28 stipulates that if a lawyer collects property in handling legal aid cases, the judicial administrative department shall give him a warning and order him to make corrections; If the circumstances are serious, he shall be punished by stopping practicing 1 month or more and 3 months or less. 2. Article 23 of the Measures for the Administration of Lawyers' Service Fees stipulates that law firms accept assignments to undertake legal aid cases. No fees shall be charged to the recipient for handling legal aid cases. For citizens who do have financial difficulties but do not meet the scope of legal aid, the law firm may, as appropriate, reduce or exempt the lawyer's service fee. Legal aid is the responsibility of the government, including the government providing the necessary institutions and teams for the development of legal aid and providing the necessary funds; It also includes that the government should fully mobilize the enthusiasm of lawyers, social organizations and other parties, extensively open up funding channels, and encourage all parties to provide support for legal aid. This also clearly shows that the government is the main sponsor of this cause. As long as it is recognized as the object of legal aid, all the funds for legal aid will be paid by the government. Second, the application conditions for legal aid 1. Citizens who need an agent for the following matters due to financial difficulties may apply for legal aid from legal aid institutions: (1) requesting state compensation; (2) Requesting social insurance benefits or minimum living security benefits; (3) Requesting pensions and relief; (4) Requesting to pay alimony and alimony; (5) Requesting payment of labor remuneration; (six) to claim the civil rights and interests arising from the courageous behavior; (2) In criminal proceedings, a citizen may apply to a legal aid institution for legal aid under any of the following circumstances: (1) The criminal suspect has not hired a lawyer due to financial difficulties since the first interrogation by the investigation organ or compulsory measures; (2) Since the case of public prosecution was transferred for examination and prosecution, the victim and his legal representative or close relatives failed to entrust an agent ad litem due to financial difficulties; (3) The private prosecutor and his legal representative in a case of private prosecution have not appointed an agent ad litem due to financial difficulties since the date when the people's court accepted the case. 3. If the defendant in a public prosecution case fails to appoint a defender due to financial difficulties or other reasons, the legal aid institution shall provide legal aid when the people's court appoints a defender for the defendant. 4. The application conditions are as above. As long as the application conditions for legal aid are met, legal aid institutions can help him. Whether the parties voluntarily apply to the legal aid institution or the court appoints a lawyer to provide legal aid, the expenses will be borne by the government financial department, which means that the court's answer to the legal aid fee isno. Although the applicant for legal aid does not have to pay the lawyer's fee, the lawyer can get economic compensation through government subsidies.