Legal aid institutions shall organize legal service institutions and legal service personnel to provide free legal services for citizens who meet the provisions of these regulations. Third people's governments at or above the county level shall include the funds needed for legal aid in the fiscal budget at the same level.
Encourage social organizations and individuals to donate legal aid. Legal aid funds are managed by legal aid institutions, earmarked for special purposes, and subject to the supervision of financial and auditing departments. Article 4 The judicial administrative departments of the people's governments at or above the county level shall supervise and administer the legal aid work within their respective administrative areas. Fifth to encourage social organizations and legal service personnel to voluntarily provide free legal services to citizens with financial difficulties. Sixth organs, organizations, enterprises, institutions and individuals shall support and cooperate with the legal aid work.
No organization or individual may interfere in legal aid activities. Chapter II Objects, Scope and Forms of Legal Aid Article 7 Citizens who need legal services to safeguard their legitimate rights and interests may apply for legal aid under any of the following circumstances:
(a) to receive the minimum living allowance;
(2) being supported by the government in social welfare institutions such as nursing homes and orphanages;
(3) The rural collective economic organizations shall ensure food, clothing, medical care and burial;
(four) due to natural disasters or other force majeure and other reasons caused by economic difficulties, unable to pay legal services. Article 8 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 without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation. Article 9 Citizens under the circumstances specified in Article 7 of these Regulations may apply for legal aid for the following matters:
(1) Criminal cases;
(2) Requesting payment of labor remuneration and social insurance;
(three) industrial accidents, traffic accidents and medical damage compensation disputes;
(4) Requesting to pay alimony, child care and alimony;
(5) Requesting pensions, relief funds and minimum living allowances;
(6) Requesting state compensation;
(7) claiming civil rights and interests for being courageous;
(eight) other matters that really need legal aid. Article 10 Legal aid shall take the following forms:
(1) Defending and representing criminal cases;
(2) civil litigation agents and administrative litigation agents;
(3) Acting as an agent for administrative reconsideration, arbitration and other non-litigation legal affairs;
(4) Handling notarization and judicial expertise;
(5) Answering legal questions and drafting legal documents. Chapter III Application, Acceptance and Implementation of Legal Aid Article 11 The following materials shall be submitted when applying for legal aid:
(1) an application;
(2) Resident identity card, household registration certificate or other valid identification;
(three) a valid certificate of receiving the minimum living allowance, or a certificate issued by the township (town) people's government or the street office about the economic situation of himself and his family;
(four) other materials related to the application for assistance. Twelfth legal aid institutions believe that the materials submitted by the applicant are incomplete, it shall inform the applicant to make corrections.
The legal aid institution shall investigate and verify the proof of the economic situation submitted by the applicant. Article 13 The legal representatives of persons without civil capacity, persons with limited civil capacity and entrusted agents of other citizens may apply for legal aid on their behalf. Where an agent applies for legal aid on his behalf, he shall submit the qualification certificate of his right to act as an agent to the legal aid institution. Fourteenth national "Legal Aid Regulations" on the acceptance of legal aid applications, from its provisions; If there are no provisions, the legal aid institution established by the people's government at the same level at the place where the applicant has his domicile or where the case handling organ is located shall accept it uniformly. Where an applicant applies to a legal aid institution established by the people's government at the same level at the place of domicile or where the case-handling organ is located, it shall be accepted by the legal aid institution that first received the application. Fifteenth legal aid institutions shall, within 7 working days from the date of receiving the application materials, make a decision on whether to grant legal aid, and inform the applicant in writing.
If the applicant disagrees with the decision not to grant legal aid, he may, within 7 working days from the date of receiving the notice from the legal aid institution, submit it to the judicial administrative department in charge of the legal aid institution. The judicial administrative department shall make a decision on the objection raised by the applicant within 5 working days and inform the applicant in writing. Article 16 If the recipient refuses to accept legal aid without justifiable reasons, he may not apply for legal aid again for the same matter. Article 17 If the people's court deems it necessary to appoint a lawyer to defend the defendant in a criminal case, it shall deliver the Notice of Appointed Defense and the case materials to the legal aid institution 10 before the court session. The legal aid institution shall inform the people's court in writing of the appointed defense lawyer 3 days before the court session.
The case materials mentioned in the preceding paragraph refer to the copy of the indictment, the copy of the judgment and the copy of the defendant's appeal.