The term "legal service institutions" as mentioned in these Regulations refers to law firms, notary offices and grassroots legal service offices; Legal aid workers refer to lawyers, notaries, grassroots legal service workers and staff of legal aid institutions who provide legal aid in accordance with laws, regulations and the provisions of this Ordinance; The recipient refers to the party who has obtained legal aid. Article 3 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 and ensure the coordinated development of legal aid and economy and society.
The judicial administrative departments of the people's governments at or above the county level shall supervise and manage the legal aid work within their respective administrative areas.
Legal aid institutions at all levels are specifically responsible for organizing, guiding and coordinating the legal aid work in their respective jurisdictions. Fourth legal aid funds should be included in the financial budget of the people's government at the same level, earmarked, and subject to the supervision of the financial and auditing departments.
Encourage the society to donate legal aid. Fifth relevant organs, units and individuals shall support legal aid institutions and legal aid personnel to carry out legal aid work.
Legal aid personnel shall implement legal aid in accordance with the provisions of laws, regulations and these Regulations, and no unit or individual may interfere. Article 6 Social organizations, other organizations and legal service personnel are encouraged to voluntarily provide free legal services to parties with financial difficulties or other special difficulties. Seventh units and individuals that have made remarkable achievements in legal aid work shall be commended and rewarded by the people's governments at or above the county level or the judicial administrative department. Chapter II Objects, Scope and Forms of Legal Aid Article 8 If a party needs legal services to safeguard his lawful rights and interests and is unable to pay the fees for legal services due to financial difficulties, he may apply for legal aid from a legal aid institution.
The standard of economic hardship shall be determined by the people's government at or above the county level according to the standard that the per capita income of the family is not lower than the local minimum wage. Article 9 You may apply for legal aid for the following matters:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(6) Requesting compensation for medical accidents, traffic accidents and industrial accidents;
(seven) to claim the civil rights and interests arising from the courageous behavior;
(eight) other matters that can provide legal aid according to regulations. Article 10 A party to a criminal case under any of the following circumstances may apply for legal aid:
(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 11 If a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, the people's court, the people's procuratorate and the public security organ shall, within three working days from the date of discovering the situation, notify the legal aid institution in writing to defend his appointed lawyer:
(1) Minors;
(2) Blind, deaf and dumb;
(3) Mental patients who have not completely lost the ability to recognize or control their own behavior;
(4) Persons who may be sentenced to life imprisonment or death.
When trying a compulsory medical case, the people's court shall, within three working days from the date of accepting the application for compulsory medical treatment or determining that the defendant meets the requirements for compulsory medical treatment, notify the legal aid institution in writing to appoint a lawyer as its litigation agent and provide legal aid. Twelfth legal aid mainly takes the following forms:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal agency;
(3) civil litigation agent;
(four) administrative litigation and administrative reconsideration agency;
(5) An arbitration agent;
(6) Non-litigation legal affairs agency; (eight) other forms of legal services. Chapter III Legal Aid Procedures Article 13 Criminal legal aid cases designated by the people's courts for defense shall be accepted by the legal aid institutions where the people's courts are located.
Applications for legal aid in civil litigation, administrative litigation and criminal litigation without designated defense shall be accepted by the legal aid institutions with jurisdiction of the people's courts.
Applications for legal aid matters other than those specified in the preceding two paragraphs shall be accepted by the legal aid institution where the applicant has his domicile or work unit.
If the applicant applies for legal aid from other legal aid institutions, the legal aid institution that filed the application shall decide whether to accept it or not according to the situation.
If there are other provisions in Chapter III of the the State Council Legal Aid Regulations, those provisions shall prevail.