Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. The conditions of legal aid can be divided into general conditions and special conditions.
(1) general conditions
The general provisions generally apply to citizens of China. Refers to China citizens who are really unable to pay the legal service fees due to financial difficulties and have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests, and can apply for legal aid.
(2) Special conditions
Special conditions mainly refer to the special circumstances that defendants in criminal cases should have to obtain legal aid, including the following:
(1) Blind, deaf, dumb and minors are criminal defendants or criminal suspects. If the defendant may be sentenced to death without entrusting a defense lawyer, he should get legal aid;
(2) Other criminal defendants and suspects, such as the disabled and the elderly, who are unable to hire a defense lawyer due to financial difficulties, may obtain legal aid;
(3) In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the court appoints a lawyer to defend him, he can get legal aid.
Legal basis:
Legal aid regulations
Article 10 For the following matters that need to be represented due to economic difficulties, citizens who have not entrusted an agent may apply to legal aid institutions for legal aid:
(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.
Eleventh in criminal proceedings, under any of the following circumstances, citizens can apply for legal aid from legal aid institutions:
(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.