(a) to request state compensation and apply to the legal aid institution where the organ liable for compensation is located.
(2) Anyone who requests social insurance money, minimum living allowance, pension and relief fund shall apply to the legal aid institution where the organ obligated to provide social insurance money, minimum living allowance, pension and relief fund is located.
(3) Anyone who requests to pay alimony, alimony or alimony shall apply to the legal aid institution at the domicile of the obligor who pays alimony, alimony or alimony.
(4) Anyone who requests to pay labor remuneration shall apply to the legal aid institution at the domicile of the person who pays labor remuneration.
(five) to claim the civil rights and interests arising from the courageous act, and to apply to the legal aid institution of the respondent's residence.
(6) Where the relevant personnel apply for legal aid in criminal proceedings, they shall apply to the legal aid institution where the people's court hearing the case is located. The application of a criminal suspect in custody shall be transferred to a legal aid institution within 24 hours by the detention center, and the relevant documents and supporting materials required for applying for legal aid shall be notified by the detention center to the legal representative or close relatives of the applicant for assistance.
(7) If the applicant is a person without or with limited capacity for civil conduct, his legal representative shall apply on his behalf. If there is a lawsuit between a person with no capacity for civil conduct, a person with limited capacity for civil conduct and his legal representative, or legal aid is needed because of other interest disputes, other legal representatives who have no interest in the disputed matter shall apply for it on his behalf.
(8) When a citizen applies for legal aid and criminal defense, he shall submit the following documents and supporting materials: ID card or other valid identification, and the agent applicant shall also submit the agent certificate; Proof of economic difficulties; Case materials related to the application for legal aid. The application shall be in written form and fill in the application form; If it is really difficult to apply in writing, you can apply orally, and the staff of the legal aid institution or the staff of the relevant institution that forwarded the application shall make a written record.
(nine) after receiving the application for legal aid, the legal aid institution shall promptly decide to provide legal aid to those who meet the conditions for legal aid; Do not meet the conditions of legal aid, it shall inform the applicant in writing of the reasons.
(ten) the applicant has any objection to the notice made by the legal aid institution that does not meet the conditions for legal aid, and may submit it to the judicial administrative department that determines the legal aid institution. The judicial administrative department shall conduct a review within five working days from the date of receiving the objection. Upon examination, if the applicant meets the requirements for legal aid, it shall order the legal aid institution in writing to provide legal aid to the applicant in a timely manner.
Where can I apply for legal aid?
You can apply for assistance to the city, district and county legal aid centers.
Legal Aid Center
The legal aid center is the official name of the government's legal aid institutions, and the judicial administrative departments of the people's governments of municipalities directly under the central government, cities divided into districts and counties determine the legal aid institutions within their respective administrative areas according to their needs.
It is a legal service institution established by the state to provide free legal services for vulnerable groups who need legal services but are unable to hire lawyers due to economic difficulties, and specific personnel who need legal aid according to the law but have not hired lawyers themselves (such as those who may be sentenced to life imprisonment or death penalty in criminal cases, juvenile offenders, etc.). ).
A special legal service institution funded by the state provides free legal services for the disadvantaged groups who need legal services but are unable to hire lawyers due to economic difficulties and the specific personnel who need legal aid according to the law but have not hired lawyers themselves.
Purpose of establishment
The purpose of establishing a legal aid center is to protect human rights and maintain judicial justice and balance.
The legal aid center (established by the judicial department) is a legal practice institution for lawyers except law firms.
The difference between lawyers in legal aid centers and lawyers in law firms lies in:
The former enjoys the national salary and provides free legal services for legal aid recipients, while the latter supports itself and provides paid legal services for the society. Lawyers in the legal aid center shall not handle non-aid cases, provide paid legal services to the society, or collect money and goods from the recipients.
The former's registered lawyer's certificate is called "lawyer's work permit" and the latter's registered certificate is called "lawyer's practice certificate".
Rescue matters
According to the "Regulations on Legal Aid" passed by the the State Council executive meeting in July 2003, "citizens who need to represent the following matters due to financial difficulties may apply for legal aid from legal aid institutions:
(1) Requesting state compensation according to law;
(2) Requesting social insurance benefits or minimum living security benefits;
(3) Requesting pensions and relief funds;
(4) Requesting to pay alimony, alimony and alimony;
(5) Requesting payment of labor remuneration;
(six) to claim the civil rights and interests arising from the courageous behavior. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those stipulated in the preceding paragraph. Citizens may apply to legal aid institutions for legal advice on matters specified in the first and second paragraphs of this article.
The regulations stipulate that "in criminal proceedings, citizens may apply for legal aid from legal aid institutions in 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.
From the above, we know how to seek legal aid and where to apply. We should know these problems clearly, because when our rights are violated, we will need legal aid. What we need to understand is that the law serves the people and the legal provisions are for the people. For more legal knowledge, please go to the website for professional consultation.