Legal service personnel who undertake legal aid affairs are called legal aid personnel. Article 5 The municipal judicial administrative department is the competent department of legal aid work in this Municipality, and is responsible for the organization and implementation of these Regulations.
City legal aid institutions to undertake specific work.
District and county (city) judicial administrative departments are responsible for legal aid work within their respective jurisdictions; District, county (city) legal aid institutions undertake specific work, and accept the guidance of the municipal legal aid institutions in business.
Departments, units and individuals related to legal aid shall assist legal aid institutions and legal aid personnel to do a good job in legal aid.
Social organizations, institutions of higher learning and relevant organizations participate in legal aid, which is guided and supervised by legal aid institutions. Chapter II Conditions and Forms of Legal Aid Article 6 Citizens with permanent residence or temporary residence permits in this Municipality or citizens whose cases occurred within the jurisdiction of this Municipality need legal services in order to safeguard their legitimate rights and interests, but they are really unable to pay the legal service fees due to financial difficulties, they may apply for legal aid.
The standard of economic hardship shall be stipulated by the local people's government.
Legal aid institutions may provide legal aid for public welfare organizations and public welfare matters when they think it necessary. Article 7 The people's court shall provide legal aid for a criminal case in which a public prosecutor appears in court for public prosecution under any of the following circumstances:
(1) The defendant fails to entrust a defender due to financial difficulties or other reasons;
(2) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender;
(3) The defendant may be sentenced to death and has not entrusted a defender. Article 8 A party may apply for legal aid for the following matters:
Criminal proceedings;
(2) Requesting to pay alimony, maintenance, nursing and labor remuneration;
(3) Requesting compensation for work-related injuries;
(4) recourse for tort compensation;
(5) Requesting pensions and relief funds;
(6) Requesting state compensation;
(seven) other needs of legal aid. Article 9 Legal aid shall not be granted under any of the following circumstances:
(a) the applicant is unable to provide relevant evidence of the case involved in the lawsuit, nor can he investigate and collect evidence;
(two) the subject matter of the dispute is insufficient 1000 yuan;
(three) the applicant issued false certificates to defraud legal aid;
(four) cases with simple legal procedures and no need for professional help;
(five) cases in which legal aid is not provided according to laws and regulations. Article 10 Legal aid shall take the following forms:
(a) legal advice, drafting legal documents;
(2) Acting as an agent in criminal defense and criminal cases;
(3) civil litigation agent;
(4) administrative litigation agency;
(5) Non-litigation legal affairs agency;
(6) notarized certificate;
(seven) other forms of legal aid. Chapter III Jurisdiction of Legal Aid Article 11 Criminal legal aid cases designated by the people's court for defense shall be uniformly accepted by the legal aid institutions at the same level where the designated people's court is located; The application for legal aid in criminal litigation cases and other litigation cases without designated defense shall be accepted by the legal aid institution where the people's court with jurisdiction over the trial is located; For other non-litigation legal matters, the applicant shall apply to the legal aid institution at the domicile or the place where the cause occurred. Twelfth the same legal aid matters shall be accepted by the same legal aid institution, except as stipulated in Article 13 of these regulations.
For legal aid matters that more than two legal aid institutions have the right to accept, the applicant may apply to one of the legal aid institutions; Where an applicant applies for legal aid from more than two legal aid institutions, it shall be accepted by the legal aid institution that initially accepted the application.
Jurisdiction disputes between legal aid institutions shall be decided by the municipal legal aid institutions. Thirteenth municipal legal aid institutions may, according to the needs, designate subordinate legal aid institutions to handle legal aid matters, or designate a legal aid institution to assist another legal aid institution to handle the same legal aid matters. Chapter IV Legal Aid Procedures Article 14 To apply for legal aid, an application form for legal aid shall be filled in and the following materials shall be submitted:
(1) Valid identification certificates such as resident ID card, household registration certificate or temporary residence permit;
(2) Relief certificate, destitution certificate and other valid certificates about the financial situation of the applicant and his family members;
(3) Evidence materials related to the legal aid matters applied for;
(four) other materials that the legal aid institution deems necessary.