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.
According to the provisions of the second and third paragraphs of Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), if a criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting 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 to defend him.
Article 11 of the Regulations on Legal Aid stipulates that in criminal proceedings, citizens may apply for legal aid from legal aid institutions in 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 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.
Article 15 of the Regulations on Legal Aid stipulates that the persons listed in Article 11 of these regulations shall apply to the legal aid institution where the people's court hearing the case is located. The application of a criminal suspect in custody shall be transferred to a legal aid institution within 24 hours by the detention center, and the relevant documents and supporting materials required for applying for legal aid shall be notified by the detention center to the legal representative or close relatives of the applicant for assistance.
Article 16 of the Regulations on Legal Aid stipulates that if the applicant is a person without or with limited capacity for civil conduct, his legal representative shall file an application on his behalf.
If there is a lawsuit between a person with no capacity for civil conduct, a person with limited capacity for civil conduct and his legal representative, or legal aid is needed because of other interest disputes, other legal representatives who have no interest in the disputed matter shall apply for it on his behalf.
Article 17 of the Regulations on Legal Aid stipulates that citizens applying for legal aid of agency and criminal defense shall submit the following documents and supporting materials:
(a) identity card or other valid identification, the agent applicant shall also submit the certificate of agency;
(2) proof of economic difficulties;
(3) Case materials related to the application for legal aid.
The application shall be in written form and fill in the application form; If it is really difficult to apply in writing, you can apply orally, and the staff of the legal aid institution or the staff of the relevant institution that forwarded the application shall make a written record.