First, the basic concept of legal aid
Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases, especially in rural areas. Its purpose is to ensure citizens' equal rights before the law and not to lose the opportunity to get legal help because of economic difficulties.
Second, the object and conditions of legal aid
The objects of legal aid are mainly citizens with financial difficulties, the disabled, the elderly and minors, or defendants who may be sentenced to life imprisonment or death in criminal cases, as well as defendants and defendants in compulsory medical cases. Eligible parties may apply to legal aid institutions. After examination, those who do have financial difficulties or meet the conditions of special cases will receive legal aid.
Thirdly, the cost of legal aid.
In our country, legal aid is free or only charges a very low fee. Legal aid agencies will provide free legal services, including legal consultation and litigation, to parties in financial difficulties. For the parties to a special case, although they may have to pay certain fees, these fees are usually far lower than the normal legal service fees.
Fourthly, the application procedure of legal aid.
The parties need to apply to the legal aid institution and submit relevant supporting materials, such as proof of economic difficulties and case materials. The legal aid agency will examine the application and provide legal aid to those who meet the requirements. After receiving legal aid, the parties will enjoy free legal services, and legal aid lawyers will represent them in litigation or other legal activities.
To sum up:
Legal aid is an important legal system in China, which aims to provide free or reduced legal services for the parties in financial difficulties or special cases. Eligible parties may apply to legal aid institutions and obtain legal aid after examination. Therefore, for most eligible parties, legal aid is free.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 34 provides that:
A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time.
When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall promptly convey it.
If a criminal suspect or defendant is in custody, his guardian or near relative may also entrust a defender.
After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly inform the case-handling organ.
People's Republic of China (PRC) legal aid law
Article 22 provides that:
If a criminal suspect or defendant in a criminal case falls into one of the following circumstances and 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 appoint a lawyer as a defender:
(1) Blind, deaf, dumb or mental patients who have not completely lost the ability to recognize or control their own behavior;
(2) Persons who may be sentenced to life imprisonment or death;
(3) Defendants in death penalty review cases who apply for legal aid;
(4) The defendant who tried the case by default.