1. What are the scope and conditions of legal aid?
The conditions and scope of legal aid are: there are sufficient reasons to prove the need to help safeguard their legitimate rights and interests; Due to financial difficulties, unable or completely unable to pay legal service fees; Blind, deaf, dumb and minors who are criminal defendants and criminal suspects and have not entrusted a defense lawyer shall receive legal aid; If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid.
(1) China citizens who meet the following conditions may apply for legal aid:
1. There are sufficient reasons to prove that you need help to safeguard your legitimate rights and interests;
2, due to economic difficulties, unable or completely unable to pay legal service fees (citizens' financial difficulties standards shall be implemented by the local government with reference to the provisions of local government departments).
(two) blind, deaf, dumb and minors are criminal defendants or criminal suspects, and they shall obtain legal aid if they have not entrusted a defense lawyer.
Other disabled and elderly people who are criminal defendants or criminal suspects and are unable to hire a defense lawyer due to financial difficulties can get legal aid.
If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid.
(3) In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the people's court appoints a lawyer to defend him, he may obtain legal aid.
(4) An applicant for legal aid who has been examined and approved, or a criminal defendant or criminal suspect who meets the requirements and accepts the designation of the people's court as the recipient. In the process of legal aid, the recipient can know the progress of legal aid activities; The recipient has facts to prove that the legal aid contractor did not perform his duties correctly, and may request the replacement of the contractor.
(5) The recipient shall pay the service fee to the legal aid institution when he obtains significant benefits from the settlement of a case or matter in need of assistance.
China's legal aid system was established at the beginning of 1994, mainly by lawyers, notaries, grassroots legal workers and other legal service personnel to provide legal assistance to citizens with financial difficulties or special cases, in order to protect their legitimate rights and interests and realize judicial justice.
Two, China legal aid has the following characteristics:
1. Legal aid is the responsibility of the state and the behavior of the government, which is organized and implemented by the legal aid agency established by the government. It embodies the obligations of the state and the government to citizens.
2. Legal aid is a legal and institutionalized behavior and an important part of the national social security system.
3 recipients are persons with financial difficulties, the disabled, the weak or special objects designated by the people's court.
4. The legal aid institution shall reduce or exempt the legal service fee for the recipient, and the court shall reduce or exempt the case acceptance fee and other litigation fees for the recipient.
5. The forms of legal aid include both litigation legal services and non-litigation legal services. Mainly take the following forms: criminal defense and criminal agency; Agents in civil and administrative litigation; Non-litigation legal affairs agency; Notarial certificate.
To sum up, the scope and conditions of legal aid are indeed difficult for individuals, but there are sufficient reasons to prove that they need legal aid. In other cases, if the defendant sentenced to death does not have a defense lawyer, legal aid can also be obtained.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 35 of the Criminal Law.
If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close 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.