1, no charge. 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. Legal aid lawyer is a lawyer's position, and its biggest feature is free. No matter whether it is an aid lawyer in a broad sense or an aid lawyer in a narrow sense, as long as they are engaged in legal aid services, they cannot charge lawyer fees.
Legal liability
Article 26 of the State Council's Regulations on Legal Aid: In any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law:
(1) Providing legal aid to those who do not meet the conditions for legal aid, or refusing to provide legal aid to those who meet the conditions for legal aid;
(two) handling legal aid cases to collect property;
(three) engaged in paid legal services;
(4) embezzling, dividing up or misappropriating legal aid funds.
2. The property collected in handling legal aid cases shall be ordered to be returned by the judicial administrative department; The illegal income from engaging in paid legal services shall be confiscated by the judicial administrative department; Those who embezzle, privately divide or misappropriate legal aid funds shall be ordered to recover by the judicial administrative department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Twenty-eighth lawyers in any of the following circumstances, given a warning by the judicial administrative department, ordered to make corrections; If the circumstances are serious, a penalty of stopping practicing 1 month or more and 3 months or less shall be imposed:
(1) refusing to accept or terminate a legal aid case without justifiable reasons;
(two) handling legal aid cases to collect property.
Where there is an illegal act in Item (2) of the preceding paragraph, the judicial administrative department shall order the return of the illegally obtained property, and may concurrently impose a fine of not less than 0 times but not more than 3 times the value of the collected property.
Twenty-ninth lawyers who violate professional ethics and practice discipline in handling legal aid cases shall be punished in accordance with the provisions of the Lawyers Law.
Two, the basic conditions to apply for legal aid.
(1) If a citizen has financial difficulties in applying for legal aid, it shall be implemented in accordance with the national and municipal standards for the identification of low-income families.
(two) migrant workers who apply for legal aid to pay labor remuneration or compensation for work-related injuries shall not be restricted by the economic difficulties stipulated in these regulations.
(three) citizens' legitimate rights and interests are damaged by the courageous acts, and they can apply for legal aid, which is not limited by the economic difficulties stipulated in these regulations. The determination of courageous acts shall be carried out in accordance with the relevant provisions of the state and this Municipality.
(4) In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, and the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid. If the defendant is blind, deaf, dumb or a minor, and the defendant may be sentenced to death without entrusting a defender, when the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
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