I. Legal aid
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.
Two. Procedures for handling legal aid cases
(1) Submission
Citizens applying for legal aid shall truthfully submit the following application materials:
1, legal aid application form. If it is really difficult to fill out the application form, the staff of the legal aid institution or the staff of the organ or unit that forwarded the application shall fill it out on its behalf;
2, ID card or other valid identification, the applicant should also submit the agency certificate;
3. Proof of the economic status of the legal aid applicant;
4. Case materials related to the application for legal aid.
The proof of the economic situation of the applicant for legal aid shall be stamped with the official seal of the organ or unit that has the right to issue the proof of economic hardship as stipulated in the local legal aid laws and regulations. If there are no relevant provisions, the villagers' committee, residents' committee or unit of the applicant's domicile or habitual residence shall affix their official seals.
(2) Accept
1. Citizens' application for legal aid for matters specified in Article 10 of the Regulations on Legal Aid due to financial difficulties shall be accepted by the legal aid institution where the obligatory organ is located, where the obligor resides or where the respondent resides.
2, "legal aid regulations" provisions of article eleventh of the citizens due to financial difficulties to apply for criminal legal aid, by the people's court, the people's Procuratorate, the public security organs where the legal aid institutions.
3, the applicant for the same matter to more than two legal aid institutions to apply, by the first legal aid institutions to receive the application.
4. After accepting the application for legal aid, the legal aid institution shall issue a written certificate of receipt of the application materials to the applicant, indicating the name, quantity and date of receipt of the application materials.
(3) Review
1, the legal aid institution shall conduct an examination within 7 working days from the date of accepting the application, and make a decision on whether to grant legal aid; If the legal aid institution believes that the application materials submitted by the applicant need to be verified, it shall investigate and verify with the relevant organs and units, and may appropriately extend the review period.
2, legal aid institutions after examination, to meet the conditions of legal aid, it shall decide to give legal aid, and make a decision to give legal aid; Those who do not meet the conditions for legal aid shall decide not to grant legal aid and make a decision not to grant legal aid. The decision not to grant legal aid shall specify the reasons for not granting legal aid and the applicant's right to raise objections.
3. If the applicant disagrees with the decision of the legal aid institution not to grant legal aid, he may submit it to the judicial administrative organ in charge of the legal aid institution.
(4) Commitment letter
1, for civil and administrative legal aid cases, legal aid institutions shall, within 7 working days from the date of making the decision to grant legal aid, assign social organizations such as law firms and grass-roots legal services to arrange for their subordinate personnel to undertake it, or arrange for their own staff to undertake it; For criminal legal aid cases, legal aid institutions shall, within 3 working days from the date of making a decision to grant legal aid or receiving a notice of designated defense, designate a law firm to arrange lawyers to undertake it, or arrange legal aid lawyers of their own institutions to undertake it.
2. Legal aid institutions shall, according to the number, qualifications, professional expertise and the wishes of the recipients of legal aid cases undertaken by their own institutions, law firms, grassroots legal services and other social organizations, rationally allocate or arrange the contractors. Legal aid institutions and law firms shall assign or arrange lawyers with a certain number of years of practical experience in criminal defense as defenders of death penalty cases.
3, legal aid personnel shall, within the scope of authorization, through conciliation, mediation, application for arbitration and litigation. , according to the maximum protection of the legitimate rights and interests of the recipient.
4. Legal aid personnel shall submit filing materials to legal aid institutions within 30 days from the date of closing legal aid cases.
5. The legal aid institution that makes the assignment shall sort out the filing materials, acceptance, review and assignment submitted by legal aid personnel, form a case and a volume, and make unified filing management.
To sum up, the procedures for handling legal aid cases include the submission of materials by the applicant, which are accepted, reviewed and undertaken by relevant institutions according to law. Applicants should know the materials to be submitted in detail to avoid unsuccessful application and understand the procedures, so as to complete legal aid faster and solve their own problems better. If you want to know more about legal aid, you can consult relevant lawyers.