(Adopted at the 25th meeting of the Standing Committee of the Ninth People's Congress of Sichuan Province on September 22, 2006 and revised at the 8th meeting of the Standing Committee of the 12th People's Congress of Sichuan Province on March 20, 2004) Article 1 In order to ensure that citizens with legal conditions such as economic difficulties obtain necessary legal services and promote and standardize legal aid work, in accordance with the provisions of relevant laws and administrative regulations, combined with the actual situation of Sichuan Province,
Article 2 These Regulations shall apply to the legal aid work within the administrative area of Sichuan Province. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 3 The term "legal aid" as mentioned in these Regulations refers to the activities of legal aid agencies established by local people's governments at or above the county level to accept and examine legal aid applications according to law, and to organize legal aid service agencies and legal aid personnel to provide free legal advice, agency, criminal defense and other legal services to citizens who meet the statutory conditions.
The legal aid service institutions mentioned in these Regulations include law firms, notary offices, judicial expertise offices, grassroots legal service offices and other legal service institutions. Legal aid service institutions shall accept the assignment of legal aid institutions and arrange personnel to handle legal aid.
The term "legal aid personnel" as mentioned in these Regulations refers to lawyers, staff of legal aid institutions, grassroots legal service workers, notaries, judicial appraisers and personnel of other organizations who undertake legal aid affairs.
Article 4 Legal aid is the responsibility of the government.
The local people's governments at or above the county level shall incorporate legal aid into the national economic and social development plan and into the government-led protection mechanism for citizens' rights and interests; Establish and improve legal aid institutions and coordination mechanisms for legal aid work, and establish and improve the urban and rural legal aid service system.
The local people's governments at or above the county level shall include legal aid funds in the fiscal budget at the same level and gradually increase their investment. The provincial finance department shall also set up a special grant fund for legal aid in accordance with the relevant provisions of the state to support the development of legal aid in poor areas.
The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments.
Article 5 The judicial administrative departments of local people's governments at or above the county level shall supervise and manage the legal aid work within their respective administrative areas, and other state organs shall cooperate with them in the relevant work of legal aid.
Township (town) people's governments, neighborhood offices, villagers' committees and community residents' committees shall support legal aid institutions to do a good job in legal aid and provide corresponding help to citizens who meet the conditions of legal aid within their respective jurisdictions.
Support and encourage social organizations such as trade unions, the Communist Youth League, women's federations and disabled persons' federations, as well as institutions of higher learning, enterprises and institutions to provide free legal services to citizens with financial difficulties by using their own resources.
Article 6 Legal aid institutions shall be responsible for accepting and examining applications for legal aid, assigning or arranging legal aid personnel to provide legal aid to citizens who meet legal conditions, and guiding legal aid activities within their respective jurisdictions.
The judicial administrative department of the people's government at the county level may, according to the needs of the work, set up legal aid workstations in the township (town) and street judicial offices to be responsible for the legal aid work within their respective jurisdictions.
Article 7 Law firms and lawyers are the objects of legal aid.
The main undertaker of service work shall fulfill the obligation of legal aid according to law, accept the supervision of the judicial administrative department or the bar association and other industry self-regulatory organizations, and safeguard the legitimate rights and interests of the recipients.
Legal aid personnel shall be protected by law in performing their legal aid duties according to law, and the form and scope of their legal services shall be adapted to their professional qualifications.
Eighth organizations and individuals who have made outstanding contributions in legal aid work shall be commended and rewarded by the relevant local people's governments and judicial administrative departments. Article 9 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) Requesting to pay alimony, alimony and alimony;
(2) Requesting pensions and relief funds;
(3) Requesting state compensation or administrative compensation according to law;
(4) Requesting social insurance benefits or minimum living security benefits;
(5) Claiming the civil rights and interests of marriage and family due to domestic violence, abuse or abandonment;
(6) claiming compensation for damages caused by traffic accidents, medical injuries, industrial accidents, food and drug safety accidents or environmental pollution;
(seven) due to the use of fake and inferior fertilizers, pesticides, seeds, agricultural machinery and other fake and inferior products caused damage, demand compensation;
(eight) the laborer (employee) has a dispute with the employer (employer) and requests to protect the labor (civil) rights and interests;
(nine) because of the courageous or to protect the public interests, resulting in damage to the legitimate rights and interests of the public, and request compensation or compensation;
(ten) other matters that should be provided with legal aid according to law.
Article 10 If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his close relatives may apply for legal aid to the legal aid institution affiliated to the judicial administrative organ at the same level where the public security organ, the people's procuratorate and the people's court are located.
Victims of public prosecution cases and their legal representatives or close relatives, and private prosecutors and their legal representatives of private prosecution cases, who have not entrusted agents ad litem due to financial difficulties, may apply for legal aid from legal aid institutions affiliated to judicial administrative organs at the same level where people's procuratorates and people's courts are located.
Article 11 If a criminal suspect or defendant fails to entrust a defender under any of the following circumstances, the public security organ, the people's procuratorate and the people's court shall, within three days from the date of discovering the situation, notify the legal aid institution affiliated to the local judicial administrative organ at the same level to defend his appointed lawyer, and the legal aid institution shall provide legal aid:
(1) Minors;
(2) Blind, deaf and dumb;
(3) Mental patients who have not completely lost the ability to recognize or control their own behavior;
(4) Persons who may be sentenced to life imprisonment or death.
Article 12 If the people's court accepts an application for compulsory medical treatment or finds that the defendant meets the requirements for compulsory medical treatment, and the respondent or defendant has not entrusted an agent ad litem, it shall, within three days from the date of acceptance or discovery, notify the legal aid institution affiliated to the judicial administrative organ at the same level where it is located to appoint a lawyer to provide legal aid.
Article 13 The standards for financial difficulties in legal aid shall be formulated by the provincial people's government according to the national economic and social development of the province, legal aid resources and needs, and citizens' ability to pay legal service fees, and gradually expand the scope to protect the basic rights and interests of people in need.
The standard of financial difficulties of legal aid recipients should be made public.
The people's governments of cities and prefectures may, according to the actual situation of their respective administrative areas, adjust the standards of economic difficulties for citizens to obtain legal aid and report them to the provincial people's government for the record.
Fourteenth citizens who apply for legal aid are considered to be in financial difficulties in any of the following circumstances:
(a) urban residents receive the minimum living allowance or unemployment insurance;
(two) poor rural households who enjoy the minimum living allowance for rural residents or receive relief;
(three) belonging to the rural "five guarantees" support object;
(4) institutions supported by the government, such as children's welfare homes, social welfare homes (relief welfare centers), rural "five guarantees" support services, special care hospitals, glorious hospitals, mental hospitals, SOS children's villages, and special education institutions. And receive assistance in the rescue management institution;
(5) Being receiving social relief due to natural disasters or other force majeure;
(6) Disabled people without a fixed source of livelihood or people suffering from serious diseases;
(seven) other circumstances stipulated by laws and regulations.
Article 15 If a citizen's courageous behavior causes damage to his legitimate rights and interests or requests compensation or compensation for safeguarding social public interests, and if a migrant worker requests to pay labor remuneration or compensation for work-related injuries and applies for legal aid, he is exempt from examining the economic difficulties.
Sixteenth legal aid mainly takes the following forms:
(1) Answering legal advice and drafting legal documents;
(2) criminal defense and criminal agency;
(3) Acting as an agent in civil and administrative litigation;
(4) Non-litigation legal affairs agency;
(5) Notarization and judicial expertise required for accepting legal aid cases;
(6) Other forms of legal services. Seventeenth applications for legal aid shall be handled in accordance with the following provisions:
(a) to request the payment of alimony, alimony and alimony, and to apply to the legal aid institution at the domicile of the requested person;
(two) to apply for social insurance benefits, minimum living security benefits or pensions and relief funds to the legal aid institutions where the compulsory organs are located;
(three) to request state compensation and apply to the legal aid institution where the organ liable for compensation is located;
(4) Where the civil rights and interests of marriage and family are claimed due to domestic violence, abuse, abandonment and other infringements, an application shall be filed with the legal aid institution in the place where the infringement occurred or where the respondent lived;
(5) Where a claim for compensation is made for damages caused by traffic accidents, medical injuries, industrial accidents, food and drug safety accidents or environmental pollution, an application shall be filed with the legal aid institution in the place where the infringement occurred or where the respondent lived;
(six) for the use of fake and inferior fertilizers, pesticides, seeds, agricultural machinery and other fake and inferior products to claim compensation for damage, apply to the legal aid institution in the place where the infringement occurred or where the respondent lived;
(7) If a laborer (employee) has a dispute with the employing unit (employer) and claims to safeguard the labor (civil) rights and interests, it shall apply to the legal aid institution in the place where the respondent has his domicile or where the contract is performed;
(8) Where the lawful rights and interests of the respondent are harmed by the act of doing a courageous act or protecting public interests, an application shall be filed with the legal aid institution of the respondent's domicile.
If the domicile of the respondent is inconsistent with its habitual residence, it may apply to the legal aid institution of the respondent's habitual residence.
Where laws and regulations provide otherwise, such provisions shall prevail.
Eighteenth legal aid matters that can be accepted by more than two legal aid institutions shall be accepted by the legal aid institution that first received the application for legal aid; In case of dispute, it shall be designated by the legal aid institution at the next higher level.
Nineteenth legal aid institutions at higher levels may designate legal aid institutions at lower levels to handle relevant legal aid matters.
The legal aid institution at the next lower level may submit major and difficult legal aid matters to the legal aid institution at the next higher level for acceptance and review.
The legal aid institution shall inform the applicant to apply to the legal aid institution that has the right to accept the legal aid application that meets the conditions of legal aid, but does not belong to its scope of acceptance, and provide necessary help.
Twentieth citizens to apply for legal aid, shall submit the following materials to the legal aid institutions:
(1) Resident identity card, household registration certificate or other valid identification, and the agent applicant shall also submit the certificate of agency;
(two) proof of economic difficulties or other materials that can prove their economic difficulties;
(3) Case materials related to the application for legal aid.
Twenty-first citizens applying for legal aid need to submit proof of financial difficulties, which shall be issued by the villagers' committee or community residents' committee of their domicile or habitual residence, and confirmed by the township (town) people's government or sub-district office.
Villagers' committees, community residents' committees, township (town) people's governments and sub-district offices shall make decisions within three working days from the date of accepting the application, and shall issue certificates or confirm those who meet the requirements; Those who do not meet the requirements shall not be issued or confirmed, and the reasons shall be explained in writing.
Twenty-second citizens to apply for legal aid should be in written form. If it is really difficult to submit in writing, you can apply orally, and the staff of the legal aid institution will make a record, which will be signed or sealed by the applicant for confirmation.
Twenty-third citizens can not apply for legal aid in person, shall entrust other citizens or organizations to apply in writing.
If a person without or with limited capacity for civil conduct applies for legal aid, his legal representative shall apply for it 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 24 Public security organs, people's procuratorates and people's courts shall inform criminal suspects, defendants or their close relatives, victims of public prosecution cases and their legal representatives, or their close relatives, private prosecutors and their legal representatives of private prosecution cases that they can apply for legal aid from legal aid institutions due to financial difficulties or other reasons.
If a criminal suspect or defendant in custody applies for legal aid, the public security organ, the people's procuratorate and the people's court shall transfer or inform the legal aid institution within 24 hours after receiving the application, and notify the legal representative, close relatives or other personnel entrusted by the applicant to assist in providing relevant application materials to the legal aid institution within 3 days. If the legal representative or near relative of the criminal suspect or defendant is unable to notify, it shall inform the legal aid institution.
Twenty-fifth legal aid institutions shall, after receiving the application for legal aid, examine it and make a decision on whether to provide legal aid within seven days from the date of accepting the application for legal aid. Do not meet the conditions of legal aid, it shall explain the reasons in writing, and inform the applicant of the right to raise objections to the judicial administrative department.
If the application materials provided by the applicant are incomplete, the legal aid institution shall inform the applicant to supplement or explain at one time. The time for the applicant to supplement materials or make explanations shall not be included in the review period. If the applicant fails to supplement or explain as required, it shall be deemed to have withdrawn the application.
Twenty-sixth staff responsible for accepting and examining legal aid applications are close relatives of the applicant for legal aid matters or have an interest in the legal aid matters they apply for, and should voluntarily withdraw. If the applicant finds that the above-mentioned staff members have an interest in the applicant or the respondent, he may apply for his withdrawal.
Twenty-seventh applicants apply for judicial assistance in advance according to law, the people's court shall inform them that they can apply for legal aid from legal aid institutions according to law; If the applicant applies for legal aid in advance and is approved according to law, the legal aid institution shall inform him that he can apply to the people's court for judicial assistance according to law.
If the applicant applies for legal aid in accordance with the decision of the people's court to grant judicial assistance, and the circumstances stipulated in these regulations are met, the legal aid institution shall make a decision to grant legal aid. If the recipient applies to the people's court for judicial assistance on the basis of the decision to grant legal aid, the people's court shall make a decision to grant judicial assistance.
Twenty-eighth in any of the following circumstances, legal aid institutions can provide legal aid first, and then review:
(a) litigation, arbitration, administrative reconsideration and other litigation prescription or time limit is about to expire;
(two) according to the law, it is necessary to take immediate protective measures or execute them first;
(three) due to other emergencies, not timely treatment may lead to serious consequences.
Legal aid institutions shall terminate legal aid if they think that the matters provided with legal aid in advance do not meet the conditions for legal aid.
Article 29 If an applicant disagrees with the decision of a legal aid institution not to grant aid or terminate aid, he may file an objection application with the judicial administrative department in charge of the legal aid institution within 60 days from the date of receiving the decision; The judicial administrative department shall complete the examination within five working days from the date of receiving the objection application. Upon examination, it is found that the conditions for legal aid are met, and the legal aid institution shall be ordered in writing to provide legal aid in time, and the applicant shall be notified in writing; Do not meet the conditions of legal aid, it shall maintain the decision not to aid, and inform the applicant in writing of the reasons. Thirtieth for civil and administrative legal aid cases, legal aid institutions shall, within seven working days from the date of making a decision to grant legal aid, designate legal aid service institutions to arrange their own personnel to undertake or arrange their own personnel to undertake.
For criminal legal aid cases, legal aid institutions shall, within three days from the date of making a decision to grant legal aid or receiving the Notice of Defense or the Notice of Agency, appoint a law firm to arrange lawyers to undertake it, or arrange legal aid lawyers to undertake it by themselves, and notify the public security organs, people's procuratorates and people's courts by letter.
To defend a criminal suspect or defendant who may be sentenced to life imprisonment or death penalty, a lawyer with more than three years' practice experience shall be appointed or arranged.
Article 31 If a public security organ, a people's procuratorate or a people's court notifies a defense, it shall send a defense notice, a written decision to take compulsory measures, a prosecution opinion, an indictment, a judgment or an appeal to a legal aid institution according to different stages of litigation. The letter of informing the defense shall contain the name of the criminal suspect or defendant, the alleged crime, the place of detention or residence, the reasons for informing the defense, the name and contact information of the contact person of the case-handling organ, etc.
If the people's court notifies the agent in the compulsory medical procedure, it shall send a notice to the legal aid institution; If the people's procuratorate applies for compulsory medical treatment, the people's court shall also send a copy of the application for compulsory medical treatment to the legal aid institution. The official letter informing the agent shall specify the name of the respondent or defendant, the name and contact information of the legal representative, and the name and contact information of the contact person of the case-handling organ.
Article 32 After accepting the assignment or arrangement, the legal aid personnel shall meet with the recipient or his legal representative in time, and the unit where the legal aid personnel work shall sign an agency agreement with the recipient or his legal representative or close relatives to clarify the rights and obligations of both parties.
Thirty-third legal aid personnel shall make a meeting record when meeting with the recipient. The minutes of the meeting shall be signed or sealed by the recipient after confirmation; If the recipient has no reading ability, the legal aid personnel shall read the record to the recipient and indicate it in the record.
When meeting a criminal suspect or defendant for the first time, legal aid personnel shall ask whether they agree to defend the case notified by the people's court, the people's procuratorate or the public security organ. If the criminal suspect or defendant disagrees, the legal aid personnel shall put it on record and inform the legal aid institution and the defense organ in writing.
Thirty-fourth recipients in the process of receiving legal aid, have the right to know about the handling of legal aid matters from legal aid personnel.
The recipient believes that the legal aid personnel do not perform their duties according to law, and may request the legal aid institution to replace the legal aid personnel. If the investigation is true, the legal aid institution should be changed.
The recipient shall cooperate with legal aid personnel to carry out legal aid work, and shall not conceal the truth or provide false materials. If the recipient fails to perform the obligation of cooperation, or refuses the legal aid personnel appointed by the legal aid institution without justifiable reasons, the legal aid institution may decide to terminate the legal aid. After the termination of legal aid, the recipient may not apply for legal aid again for the same matter, unless otherwise provided by law.
Thirty-fifth legal aid workers should carry out legal aid activities according to law, abide by professional ethics and practice discipline, and safeguard the legitimate rights and interests of recipients. Legal aid personnel shall not have the following acts in legal aid activities:
(a) refusing, delaying or terminating the handling of legal aid without justifiable reasons;
(two) to collect property from the recipient or seek other illegitimate interests;
(3) divulging state secrets, commercial secrets and the privacy of the recipient;
(four) not timely inform the recipient of the progress of legal aid matters.
Thirty-sixth under any of the following circumstances, the legal aid institution shall make a decision to terminate the legal aid, and notify the recipient or his legal representative, legal aid personnel and the case-handling organ in writing. The unit where the legal aid personnel work shall promptly terminate the principal-agent relationship with the recipient or his legal representative or close relatives:
(a) the recipient provides false certification materials or takes other improper means to obtain legal aid;
(two) the recipient's economic situation no longer meets the conditions of legal aid;
(3) The recipient intentionally conceals the facts of a major case;
(four) the trial of the case has been terminated or revoked;
(5) The donee hires a lawyer or other agent by himself;
(six) the recipient requests the termination of legal aid, except in cases where the defense should be notified;
(seven) the people's court, the people's Procuratorate and the public security organ to revoke the notice of defense;
(eight) there is no factual and legal basis for the recipient to use legal aid to engage in illegal activities or ask legal aid personnel to make a request;
(nine) other circumstances that should be terminated as stipulated by laws and regulations.
Thirty-seventh legal aid matters completed within thirty days, legal aid personnel shall submit the file to the legal aid institutions.
The legal aid institution shall complete the examination within thirty days from the date of receiving the closing materials. Those who pass the examination shall pay legal aid subsidies in time, and those who fail the examination shall be required to make corrections.
Article 38 The guiding standards for handling case subsidies shall be approved by the provincial judicial administrative department in conjunction with the provincial finance department according to the economic development level of the province, with reference to the average cost of handling various legal aid cases by legal aid institutions and other factors, and adjusted as needed.
Article 39 People's courts, people's procuratorates, public security, industry and commerce administration, civil affairs, human resources and social security, taxation and other relevant government departments and institutions with financial allocations shall support the use of archives to investigate and collect evidence in handling legal aid cases, and shall be free of the fees for file inquiry, retrieval, copying and issuing certificates. Fortieth law firm in any of the following circumstances, the judicial administrative department of the people's government of the city or autonomous prefecture divided into districts shall give a warning according to the circumstances and order it to make corrections; If the circumstances are serious, it shall be suspended for rectification for more than one month and less than six months, and a fine of not more than 100,000 yuan may be imposed; If the circumstances are particularly serious, the judicial administrative department of the provincial people's government shall revoke the practice certificate of the law firm according to law:
(a) refusing to accept legal aid cases assigned by legal aid agencies without justifiable reasons;
(two) after accepting the assignment, failing to arrange the lawyers of this firm to undertake legal aid cases in time or refusing to provide conditions and convenience for handling legal aid cases;
(3) conniving or letting Chinese lawyers slack off or stop performing their legal aid duties without authorization.
Other legal aid service institutions in any of the circumstances listed in the preceding paragraph shall be given administrative punishment by the judicial administrative department in accordance with the provisions of relevant laws and regulations.
Article 41 If a lawyer refuses to accept a legal aid case assigned by a law firm or legal aid institution without justifiable reasons, or slacks off or stops performing his legal aid duties without authorization after accepting the assignment, the judicial administrative department of the people's government of a city or autonomous prefecture with districts shall give him a warning and may concurrently impose a fine of not more than 5,000 yuan; If the circumstances are serious, he shall be punished for stopping practicing for more than one month and less than three months.
If a lawyer collects property in handling legal aid cases, the judicial administrative department shall order him to return the illegally obtained property, and may concurrently impose a fine of more than one time but less than three times the value of the property collected. If the circumstances are serious, he shall be punished for stopping practicing for more than one month and less than three months.
Grassroots legal service workers, notaries and judicial appraisers who commit illegal acts mentioned in the preceding paragraph shall be given administrative punishment by the judicial administrative department in accordance with the provisions of relevant laws and regulations.
Forty-second legal aid personnel in the process of handling legal aid matters, revealing state secrets, business secrets and the privacy of the parties, shall be given administrative punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
In handling legal aid matters, if a lawyer causes economic losses to the recipient due to his fault, and the recipient requests compensation, the unit to which he belongs shall bear the corresponding liability for compensation according to law. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence.
Article 43 If the recipient colludes with the staff of the legal aid institution in bad faith or obtains legal aid by deception, the legal aid institution shall decide to terminate the legal aid and order it to pay all the expenses in the process of implementing the legal aid.
Article 44 If a citizen applies for a certificate of economic hardship, and the relevant departments and organizations fail to issue a certificate of economic status or a false certificate in accordance with the regulations, the superior competent department or supervisory department shall order him to make corrections, and the directly responsible person in charge and the directly responsible person shall be punished according to law.
Forty-fifth staff of state organs, legal aid institutions and their staff who violate the provisions of legal aid shall be dealt with in accordance with relevant laws and regulations. Article 46 The term "other reasons" as mentioned in the first paragraph of Article 10 and the first paragraph of Article 24 of these Regulations refers to any of the following circumstances:
(a) there is evidence to prove that the criminal suspect or defendant belongs to the first or second degree of intellectual disability;
(2) In the same criminal case, other criminal suspects and defendants have entrusted defenders;
(3) The people's procuratorate lodged a protest;
(4) The case has a significant social impact.
Article 47 These Regulations shall come into force on May 1 day, 2065.