(1) Legal advice. Telephone consultation, you can consult the legal aid telephone number 12348, and a lawyer on duty will answer for you free of charge; On-site consultation, you can go to legal aid places, and there will be lawyers on duty in general courts and legal aid centers to answer and consult on the spot.
(two) to draft legal documents on behalf of. Legal aid lawyers are responsible.
(3) Criminal defense and agency. Families in difficulty can apply for assistance.
If it is a specific case that must be defended by a lawyer, such as the death penalty or criminal cases involving minors and the disabled, even if the family is not difficult and there is no lawyer to defend it, a legal aid lawyer should be appointed.
(4) Litigation agents and non-litigation agents in civil cases, administrative cases and state compensation cases. Proof of financial difficulties is usually needed.
(five) the legal aid of the lawyer on duty;
(6) Labor dispute mediation and arbitration institutions. This kind of cases also need to provide proof of financial difficulties, except for migrant workers who require labor remuneration.
(seven) other forms stipulated by laws, regulations and rules.
Second, who can enjoy legal aid?
China provides legal aid to two kinds of people, one is those with financial difficulties, and the other is those without financial difficulties who can enjoy it under special circumstances.
One is economic difficulties. According to the legal provisions of legal aid, the standards of economic difficulties are formulated by the provinces themselves. The people's governments of provinces, cities, counties and autonomous counties may, according to the actual situation in the region, expand the scope of recipients and announce it to the public.
Whether they have financial difficulties or not, they can apply for legal aid as long as they meet special circumstances, including the following:
First, if the criminal suspect or defendant in a criminal case falls into one of the following circumstances and fails to entrust a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer as a defender for him: (1) Minors; (2) Persons with vision, hearing and speech disabilities; (3) Adults who can't fully recognize their behavior; (4) Persons who may be sentenced to life imprisonment or death; (5) Defendants in death penalty review cases who apply for legal aid; (6) The defendant tried in absentia; (seven) other personnel as prescribed by laws and regulations.
Second, if the respondent or defendant in a compulsory medical case fails to entrust an agent ad litem, such as a compulsory drug addict, the people's court shall notify the legal aid institution to appoint a lawyer to provide legal aid.
Iii. Plaintiffs in the following civil cases (1) Close relatives of heroic martyrs protect the personal rights and interests of heroic martyrs; (2) Claiming relevant civil rights and interests due to courageous acts; (three) retrial and acquittal request state compensation; (4) Victims of abuse, abandonment or domestic violence claim relevant rights and interests; (five) other circumstances stipulated by laws, regulations and rules. The state encourages all provinces to expand their scope. For example, Guangdong province has expanded its scope to include welfare homes, orphanages, pension institutions, glorious hospitals, special care hospitals, mental hospitals, SOS children's villages and other social welfare institutions. In order to safeguard their legitimate civil rights and interests, legal aid institutions may provide legal aid according to their applications.
If a social organization brings a civil public interest lawsuit to the people's court because of environmental pollution, ecological damage and other acts that harm the public interest, the legal aid institution may provide legal aid according to its application. Due to accidents, natural disasters or other special reasons, life is temporarily difficult and people are receiving temporary relief from the government; Difficulties, severe disabilities and no fixed source of livelihood, or a disabled family with multiple disabilities; Martyrs, soldiers who died in the line of duty, survivors of fallen soldiers, etc.
Third, how can I apply for legal aid if I meet the requirements?
Eligible parties or close relatives may apply to the organ handling criminal cases and the supervisory organ for compulsory detoxification, and civil cases may apply to the legal aid center. The address and contact information of the legal aid center, and provide application materials as required, generally including
(1) An application form for legal aid; You can get the application form at the legal aid office;
(2) Identity card or other valid identification, and the agent applicant shall also submit the certificate of agency; Prepare copies and originals for verification;
(3) application materials for financial difficulties; For example, the identification materials of low-income households, the identification materials of poor households and so on;
(four) materials related to the application for legal aid, such as relevant evidence materials or case procedures.
There is no need for economic difficulties in individual cases. As long as no lawyers are entrusted, the relevant case-handling organs should apply for legal aid for them.
Four, the legal aid applicant has the material to prove that it belongs to one of the following persons, and is exempt from the verification of economic difficulties, but it shall provide the corresponding certification materials:
(a) minors, the elderly, the disabled and other specific groups without a fixed source of life;
(two) social assistance, judicial assistance or special care recipients;
(three) migrant workers who apply for payment of labor remuneration or claim compensation for personal injury caused by industrial accidents.