Legal aid refers to a legal guarantee system in which legal aid agencies established by the government organize legal aid personnel and legal aid volunteers to provide free legal help to citizens with financial difficulties or parties to criminal defense cases within the prescribed scope to ensure the realization of their legitimate rights and interests. Special case means that according to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant in a criminal case is blind, deaf or dumb, or the minor has not entrusted a defender, or the defendant may be sentenced to death without entrusting a defender, and should receive legal aid.
Application conditions
A citizen who has not entrusted an agent due to financial difficulties may apply to a legal aid institution for legal aid on the following matters that need to be represented:
Legal aid (1) requests state compensation.
(2) Requesting social insurance benefits or minimum living security benefits.
(3) Requesting pension and relief funds.
(four) to request the payment of alimony and maintenance.
(5) requesting payment of labor remuneration.
(six) to claim the civil rights and interests arising from the courageous behavior.
Second, in criminal proceedings, citizens can apply for legal aid from legal aid institutions under any of the following circumstances:
(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.
Third, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the legal aid institution shall provide legal aid when the people's court appoints the defendant to defend.