First, the conditions of criminal law legal aid
According to the Criminal Procedure Law and related explanations, if the defendant in a criminal case fails to entrust a defender in the following circumstances, the people's court shall appoint a defender for him:
1, blind, deaf, dumb or with limited capacity;
2. Minors under the age of 18 at the time of trial;
3. People who may be sentenced to death.
Here, it should mean "must", that is, as long as it falls into the above circumstances, the court must appoint a lawyer as the defendant's defender to undertake legal aid for him, and there is no need for the parties to apply to the court.
Two. Conditions of legal aid in criminal law II
Under the following circumstances, the people's court may appoint a defender for the defendant who has not entrusted a defender:
1, which meets the economic hardship standard stipulated by the local government;
2. I really have no financial resources, and my family's economic situation cannot be ascertained;
3. I really have no financial resources, and my family members are still unwilling to bear the expenses of defense lawyers after repeated persuasion;
4. In the same criminal case, other defendants have entrusted defenders;
5. Have foreign nationality;
6. The case has a significant social impact;
7. The people's court considers that the procuratorial opinions and the obtained case evidence materials may affect the correct conviction and sentencing.
"Yes" here means that the court can appoint a lawyer who undertakes legal aid to defend the defendant, or not, and it is up to the court to decide according to the specific circumstances.
If the defendant belongs to the situation of 1, that is, he is in financial difficulty (the standard of financial difficulty shall be implemented according to the provisions of the people's government of the province, autonomous region or municipality directly under the Central Government that accepts the case), our hospital will inform him that he is in financial difficulty when serving a copy of the indictment, and he can apply for legal aid, and provide the address and telephone number of his legal representative, close relatives or other personnel entrusted by him within two days, so that the above-mentioned personnel can assist him in submitting the proof of financial difficulty to the court.
Three, the legal basis of criminal law legal aid conditions
Criminal procedure law
Article 34 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the 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, and has not entrusted 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.
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.
In criminal proceedings, the conditions for legal aid stipulated in the criminal law are financial difficulties, people with limited capacity or people who may be sentenced to death. If these conditions are met, the court will allow or make legal aid. Legal aid can make better use of its own legal knowledge to protect the rights of the parties and strive for the greatest interests of the parties. Legal aid can protect the legitimate rights and interests of citizens more comprehensively and play an important role in maintaining social fairness and harmony.