Legal aid refers to a legal guarantee system that legal aid agencies set up by the government organize legal aid lawyers to provide free legal services for people with financial difficulties or special cases. 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. Therefore, not all lawyers have the obligation of legal aid, only lawyers under certain conditions have the obligation of legal aid. 3. Under what circumstances can I apply for legal aid? According to Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid [1], if a citizen has the following matters and does not entrust an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend himself: 1, and request state compensation according to law. 2. Request for social insurance benefits or minimum living security. 3. Request for pensions and relief funds. 4. Requesting to pay alimony, alimony and alimony. 5. Requesting payment of labor remuneration. 6. Advocate the civil rights and interests arising from the courageous deeds. 7 cases of personal injury compensation caused by medical accidents, traffic accidents and industrial accidents. 8. Due to domestic violence, abuse, bigamy, etc. Cases in which the victim asks for divorce and personal injury compensation. 9. The criminal suspect fails to hire a lawyer due to financial difficulties after the investigation organ makes the first inquiry or takes compulsory measures. 10. 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. 1 1. After the people's court accepts a case of private prosecution, the private prosecutor and his legal representative fail to entrust an agent ad litem due to financial difficulties. 1 2. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid. 1 3. If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, or if the defendant may be sentenced to death and has not entrusted a defender, when the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation. Perhaps ordinary people will directly look at related criminal activities from the perspective of right and wrong, but lawyers are not allowed to do so. As a criminal suspect in a criminal case, even if he is extremely vicious, he has some legitimate rights and interests and should be respected by the judicial department. In the whole process, it is precisely because of lawyers that the rights and interests of criminal suspects have been fully guaranteed.
Legal objectivity:
Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid personnel to provide free legal services to the parties in financial difficulties or special cases. 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. I. Objects and conditions of legal aid 1. In a case of public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the people's court may appoint a defense lawyer for him; 2.( 1) The deaf-mute or minor is a criminal defendant or criminal suspect, and the defendant may be sentenced to death without entrusting a defense lawyer; (2) Other disabled people and elderly people are criminal defendants or criminal suspects, and they are unable to hire defense lawyers due to financial difficulties; (3) In a criminal case, the defendant of foreign nationality fails to entrust a lawyer appointed by the Defender's Court to defend. 3. If the defendant may be sentenced to death without entrusting a defender, the court shall appoint a defense lawyer for him. Two, how to apply for the people's court to appoint defense and criminal legal aid cases, the court will inform the legal aid agencies, legal aid agencies are responsible for assigning lawyers as defenders of criminal defendants. Legal aid for criminal litigation cases and other litigation cases without designated defense shall be applied by the applicant to the legal aid institution with jurisdiction in our hospital. Apply in writing and submit the following materials: (1) ID card, household registration certificate or temporary residence permit; (2) the financial status of the applicant and family members issued by the relevant units; (three) the basic situation of applying for legal aid; (four) other materials that the legal aid institution deems necessary. If the applicant is a minor or a person without civil capacity, his guardian shall apply for it on his behalf. On behalf of the applicant, the agency qualification certificate shall be submitted. Three. What should I do if I am not satisfied with my decision not to grant legal aid? Except for criminal legal aid cases designated by the people's court, legal aid institutions shall conduct an examination within 20 days from the date of receiving the application for legal aid from the parties concerned. After examination, it is considered that it does not meet the conditions for legal aid, it shall make a decision not to grant assistance and notify the applicant. If the applicant disagrees with the decision not to grant aid, he may request the legal aid institution to reconsider. Four. What are the obligations and responsibilities of the recipient? For eligible parties, the legal aid institution shall make a written decision to agree to provide legal aid, and notify the recipient and the legal service institution and personnel undertaking the assistance of the written decision. Legal aid contractors, legal aid agencies and recipients will sign the Legal Aid Agreement to clarify the rights and obligations of all parties. The main obligations of the recipient are: (1) to abide by the law and cooperate with the legal aid undertaker in accordance with the legal aid agreement. (2) If the recipient gains great benefits from solving the cases or matters requiring assistance, he shall pay the service fee to the legal aid institution. For the recipient who obtained legal aid by deception, the legal aid institution shall revoke his qualification for assistance and order him to pay the full cost of the services he received. Finally, I would like to remind you that whether to provide legal aid is decided by legal aid institutions after substantive examination. If you think you really have financial difficulties, you can directly apply for a waiver of the lawyer's service fee with sufficient reasons.