1. what department is legal aid? Can I hire a lawyer for free?
legal aid institutions are departments and organs responsible for accepting and examining applications for legal aid, and assigning or arranging personnel to provide legal and judicial assistance to citizens who meet the requirements of these regulations. Or the organization responsible for organizing, guiding, coordinating, supervising and implementing the legal aid work in this area, collectively referred to as the "legal aid center". According to the provisions of the Legal Aid Regulations, lawyers can be hired free of charge in the following circumstances.
Article 1 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) Request state compensation according to law;
(2) requesting social insurance benefits or minimum living security benefits;
(3) requesting pensions and relief funds;
(4) requesting the payment of alimony, alimony and alimony.
(5) requesting payment of labor remuneration;
(6) to advocate the civil rights and interests arising from the courageous acts. 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.
Article 11 In criminal proceedings, a citizen may apply to a legal aid institution for legal aid under 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 near relative have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(3) 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. Article 12 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 13 the standards of citizens' financial difficulties mentioned in these regulations shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government according to the needs of economic development and legal aid in their respective administrative regions. Where the standard of financial hardship of the applicant's domicile is inconsistent with that of the legal aid institution that accepts the application, the standard of financial hardship of the legal aid institution that accepts the application shall prevail.
two. Under what circumstances should legal aid be provided?
According to the provisions of Articles 1 and 11 of the Regulations of the People's Republic of China on Legal Aid, if a citizen has the following matters and has not entrusted an agent or a defender, he may apply for legal aid or be appointed by the people's court to defend himself:
1.
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. claim the civil rights and interests arising from the courageous act.
7. Personal injury compensation cases 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 first inquiry or compulsory measures taken by the investigation organ.
1. 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.
11. since the people's court accepted the case of private prosecution, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
12. 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.
13. 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.
III. Cases in which the legal aid center does not provide legal aid
1. Civil litigation or criminal private prosecution cases caused by the applicant's fault liability infringing on the legitimate rights and interests of others.
2. Administrative litigation cases caused by the fault of the applicant.
3. The applicant can't provide evidence related to litigation, and can't investigate the case of collecting evidence.
4. It can be handled by administrative organs without litigation.
5. Cases and legal procedures are simple, and it is usually unnecessary to hire legal service personnel to represent cases.
6. Cases where legal remedies have been exhausted.
7. The applicant defrauds legal aid by failing to provide supporting materials or issuing false certificates.
8. Other cases declared inadmissible by the Legal Aid Center with the approval of the competent department.
to sum up, there are many ways for lawyers to provide legal aid, and there are also clear provisions in our laws. Asking a lawyer to solve a problem can improve the probability of success, but we should also understand the relevant procedures so as to solve the problem better.