The legal aid institution shall, within ten working days from the date of receiving all the materials for applying for assistance, make a decision on whether to grant legal aid:
1. For those who meet the requirements, make a written decision to agree to provide legal aid, designate legal service institutions to undertake legal aid affairs, and notify the recipients. The legal aid institution and the recipient shall sign a legal aid agreement; 2, do not meet the conditions, make a decision not to grant legal aid, and notify the applicant in writing. When applying for legal aid, the applicant shall submit the following materials at the same time: 1, legal aid application form, and specify the following items: (1) Basic information of the applicant; (two) the facts and reasons for applying for legal aid; (3) The financial situation of the applicant; (4) List of certificates and certification materials provided by the applicant; (5) A statement that the applicant guarantees that the documents and evidential materials submitted are true. Applicants who have difficulty in writing can apply orally, and the receptionist will record it in the record according to the above requirements, and the applicant will sign it or confirm it by fingerprint. 2. Resident identity card, household registration certificate or other valid identification; 3, the applicant's domicile or domicile of the township * * *, neighborhood offices or the employer's labor and personnel departments issued by the applicant and family members; 4. Certificates and evidential materials related to the application for legal aid; 5 other materials that the legal aid institution deems necessary.
How long does it usually take to apply for legal aid before accepting the Legal Aid Ordinance?
Article 26 To apply for legal aid, the following materials shall be submitted:
(1) Resident identity card, household registration certificate or other valid identification;
(two) the financial status of the applicant and family members issued by the relevant units;
(3) Certificates and evidential materials related to the legal aid matters applied for;
(four) other materials that the legal aid institution deems necessary.
Article 27 Where an applicant has no or limited capacity for civil conduct, his legal representative shall apply on his behalf. The agent applicant shall submit the agent qualification certificate and the basic information of the agent to the legal aid institution.
Thirty-fourth legal aid institutions shall make a decision on whether to grant legal aid within fifteen days from the date of accepting the application.
What is the time limit for applying for legal aid? It is for reference only.
The time required for the approval of legal aid varies from place to place, and not all cases meet the requirements of legal aid. If the proof and other materials are complete, some cases can be completed in one day, some cases can be completed in the same day, and some cases need more than ten days, which is also in line with the regulations:
First, the application for legal aid materials and approval time
Article 26 of the Regulations on Legal Aid: To apply for legal aid, the following materials shall be submitted:
(1) Resident identity card, household registration certificate or other valid identification;
(two) the financial status of the applicant and family members issued by the relevant units;
(3) Certificates and evidential materials related to the legal aid matters applied for;
(four) other materials that the legal aid institution deems necessary.
Article 27 Where an applicant has no or limited capacity for civil conduct, his legal representative shall apply on his behalf. The agent applicant shall submit the agent qualification certificate and the basic information of the agent to the legal aid institution.
Thirty-fourth legal aid institutions shall make a decision on whether to grant legal aid within fifteen days from the date of accepting the application.
Second, the requirements for applying for legal aid.
Legal aid refers to a legal guarantee system in which legal aid agencies established by * * * organize legal aid personnel to provide legal services to the parties in 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.
(1) If a citizen is unable to entrust an agent to handle the following matters that need to be represented due to financial difficulties, he may apply to a legal aid institution for legal aid:
1, requesting state compensation
2. Request for social insurance benefits or minimum living security.
3. Apply for pensions and relief funds.
4. Request for alimony and alimony.
5. Request payment of labor remuneration
6, advocate the civil rights and interests arising from the courageous behavior.
(two) in any of the following circumstances in criminal proceedings, citizens can apply for legal aid from legal aid institutions:
7. The criminal suspect has not hired a lawyer due to financial difficulties since the date of the first inquiry or compulsory measures taken by the investigation organ;
8. 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;
9. After the people's court accepted the case of private prosecution, the private prosecutor and his legal representative failed to entrust an agent ad litem due to financial difficulties;
10. In a case where a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons. If the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid;
1 1. If the defendant is blind, deaf, dumb or a minor and has not entrusted a defender, or if the defendant may be sentenced to death and has not entrusted a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation. The applicant for legal aid shall submit the application materials for legal aid in accordance with the following requirements.
When filling out the application form for legal aid, please read the instructions and precautions first, and then fill it out item by item as required.
I want to remind you in particular that the case and reasons for applying for legal aid should be as detailed and clear as possible. After completing the form, the applicant should sign, seal or fingerprint, and indicate the date of application. If the parties entrust an agent, the agent shall also sign or seal it.
Those who apply for legal aid on their behalf shall fill out the Power of Attorney for Legal Aid in accordance with the provisions. The power of attorney for applying for legal aid shall be signed, sealed or fingerprinted by the client and the trustee. If the trustee is the legal agent of the applicant, he shall show his legal agent qualification certificate. If the client has certain civil capacity (such as 10- 18-year-old minors), he shall also sign legal aid documents such as the legal aid application form.
In addition to indicating the family's economic difficulties, the certificate of financial difficulties should also indicate the specific figures of the applicant's family per capita income. For example, the per capita monthly income of XXX family is XXX yuan.
To apply for legal aid, the original materials shall be submitted and the corresponding copies shall be provided. After the application materials are audited by the auditor of the Center, the original copies shall be returned to the applicant (except the original proof of financial difficulties), and a copy shall be submitted to the Legal Aid Office for filing.
Regarding how long it takes to apply for legal aid, firstly, the applicant needs to apply to the legal aid center, and secondly, the legal aid center will review and make a decision within 15 days after receiving the application.
How long will it take to receive the application for legal aid? The time from receiving an application for legal aid to providing assistance is generally 20 days (limited by the time of notification of defense in criminal cases), and the time for giving assistance first (uncertain time) will be even shorter.
Procedures for handling legal aid cases (DecreeNo. Ministry of Justice 124)
Thirteenth legal aid institutions shall, within 7 working days from the date of accepting the application, review and make a decision on whether to grant legal aid; Under the circumstances stipulated in Article 14 of these Provisions, the review period may be appropriately extended.
If the legal aid institution considers that the application materials submitted by the applicant are incomplete or unclear after examination, it shall issue a notice of supplementary materials or require the applicant to make an explanation. The time required for the applicant to supplement materials and make explanations is not included in the review period. If the applicant fails to supplement the materials or make explanations as required, it shall be deemed to have withdrawn the application.
Article 18 If the application items meet the provisions of Articles 10 and 11 of the Regulations on Legal Aid, and under any of the following circumstances, the legal aid institution may decide to provide legal aid in advance:
? (a) less than 7 days from the expiration of the statutory limitation, and it is necessary to bring a lawsuit or apply for arbitration or administrative reconsideration in time;
? (2) It is necessary to immediately apply for property preservation, evidence preservation or prior execution;
? (3) Other emergency or special circumstances.
Where legal aid is provided in advance, the recipient shall submit the required application materials within the time limit determined by the legal aid institution. If the legal aid institution considers that the recipient does not meet the standard of financial difficulties after examination, it shall terminate the legal aid and handle it in accordance with the provisions of the second paragraph of Article 33 of these Provisions.
Twentieth for civil and administrative legal aid cases, legal aid institutions shall, within 7 working days from the date of making a decision to grant legal aid, assign law firms, grassroots legal services and other social organizations to arrange their subordinate personnel to undertake, or arrange their own personnel to undertake.
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.
Article 22 A legal aid institution, law firm, grass-roots legal service office or other social organization shall, within five working days from the date of assigning or arranging legal aid personnel, inform the recipient of the name and contact information of the legal aid personnel, and sign an agency agreement with the recipient or his legal representative or close relatives, except that it cannot be signed on time due to the reasons of the recipient.
Twenty-ninth for criminal cases tried by the people's court, legal aid personnel should make good preparations before the trial; Full statement and cross-examination in the trial; After the trial, legal aid personnel shall submit criminal defense to the people's court or issue written opinions on their behalf. For the designated defense case that the people's court decides not to hold a hearing, the legal aid personnel shall submit written opinions on criminal defense to the people's court within 10 days from the date of receiving the letter of assignment from the legal aid institution. For other criminal cases that are not heard in court, legal aid personnel shall submit criminal defense or written opinions on their behalf within the time limit prescribed by the people's court.
Thirty-second recipients have evidence to prove that legal aid workers do not perform their obligations according to law, they may request legal aid institutions to replace legal aid workers.
The legal aid institution shall decide whether to replace it within 5 working days from the date when the recipient applies for replacement. If it is decided to replace it, it shall assign or arrange personnel to undertake it. If the people's court, the people's procuratorate or the public security organ decides to appoint another defender for the criminal suspect or defendant, the legal aid institution shall appoint another person or arrange personnel to undertake it.
Where a legal aid worker is replaced, the unit where the original legal aid worker belongs shall terminate or change the agency agreement with the recipient, and the original legal aid worker shall handle the transfer procedures of case materials with the replaced legal aid worker.
Thirty-fourth legal aid personnel shall, within 30 days from the date of closing the legal aid case, submit the filing materials to the legal aid institution.
The litigation case shall be closed on the day when the legal aid personnel receive the judgment, ruling and mediation. Arbitration cases or administrative reconsideration cases shall be closed on the day when legal aid personnel receive the original or photocopy of the arbitration award and the administrative reconsideration decision; Other non-litigation legal affairs shall be closed on the day when the recipient and the other party reach a settlement or mediation agreement; If there are no relevant documents, the deadline shall be the date when the obligor begins to perform his obligations. Where a legal aid institution terminates legal aid, the termination date shall be the day when the unit where the legal aid personnel work receives the decision to terminate legal aid.
Thirty-fifth legal aid institutions shall, within 30 days from the date of receiving the filing materials submitted by legal aid personnel. If the filing materials are complete, the legal aid personnel shall be granted case handling subsidies through their subordinate units in accordance with the regulations.
How long does it take to apply for legal aid for labor disputes? Anyone who requests to pay labor remuneration shall apply to the legal aid institution at the domicile of the obligor who pays labor remuneration. As for the time of reply, there is no clear mandatory provision in the law. In judicial practice, the defense should be conducted before the trial.
Links to articles: Regulations on Legal Aid 1, Article 17 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.
2, eighteenth legal aid institutions shall review the application for legal aid after receiving it; If the documents and supporting materials submitted by the applicant are incomplete, the applicant may be required to make necessary supplements or explanations. If the applicant fails to supplement or explain as required, the application shall be deemed to be revoked; If the documents and certification materials submitted by the applicant need to be verified, the legal aid institution shall verify them with the relevant organs and units.
To meet the conditions of legal aid, legal aid institutions shall promptly decide to provide legal aid; Do not meet the conditions of legal aid, it shall inform the applicant in writing of the reasons.
Article 19 If an applicant has any objection to the notice made by a legal aid institution that does not meet the conditions for legal aid, he may submit it to the judicial administrative department that determines the legal aid institution. The judicial administrative department shall conduct a review within five working days from the date of receiving the objection. Upon examination, if the applicant meets the requirements for legal aid, it shall order the legal aid institution in writing to provide legal aid to the applicant in a timely manner.
! How long does it take to solve the problem after applying for legal aid? When applying for legal aid, you should check whether your application meets the conditions of the recipient. If you meet the standards of legal aid, a lawyer will be appointed to provide you with legal aid.
Where can I apply for legal aid? The legal aid department of the judicial office and the judicial bureau, but only if you meet the conditions of legal aid and have strict application conditions.
Can I withdraw my application for legal aid and approve it? Of course. If you don't want to sue, don't sue.
However, if you want to sue again, the possibility of providing legal aid is gone.
It must be because it doesn't meet the requirements or can't produce qualified documents. This means that you can't get legal aid and need to solve legal problems yourself. No big deal. You can solve it yourself.
Do not meet the conditions of legal aid, shall be revoked.
To apply for legal aid, the legal aid center shall conduct an investigation, and if it is found that it does not meet the conditions for assistance after approval, the legal aid center has the right to revoke it.
Legal aid regulations
Twenty-third persons handling legal aid cases shall report to the legal aid institution in any of the following circumstances, and the legal aid institution shall terminate the legal aid after examination and verification:
(a) the recipient's economic income changes and no longer meets the conditions for legal aid;
(2) The trial of the case has been concluded or revoked;
(3) The donee entrusts a lawyer or other agent by himself;
(four) the recipient requests the termination of legal aid.