The legal aid service institutions mentioned in these Regulations include law firms, notary offices, legal service offices and other social legal consulting service institutions approved by the judicial administrative department. Article 3 The judicial administrative departments of Qingdao and all districts (cities) shall be in charge of the legal aid work within their respective jurisdictions.
The municipal legal aid management institution is specifically responsible for the organization, implementation, supervision and management of legal aid work.
District (city) legal aid management institutions are specifically responsible for the organization, implementation, supervision and management of legal aid within their respective jurisdictions, and accept the guidance of the municipal legal aid management institutions in business. Article 4 When undertaking legal aid affairs, legal aid service institutions and legal service personnel shall adhere to the principles of taking facts as the basis and taking law as the criterion, and abide by professional ethics and practice discipline. Article 5 Relevant departments and units shall cooperate with and assist legal aid service institutions and their legal service personnel to carry out legal aid work, and waive or reduce relevant service fees in the process of investigation and evidence collection. Article 6 Legal aid service institutions and legal service personnel shall undertake legal aid affairs according to law, and no unit or individual may obstruct them. Chapter II Object, Scope and Form of Legal Aid Article 7 A party with a permanent residence or temporary residence permit within the jurisdiction of this Municipality may apply for legal aid because the case occurred within the jurisdiction of this Municipality and needs legal aid to safeguard his legitimate rights and interests, but he is unable to pay the legal service fee due to financial difficulties.
The standard of economic difficulties shall be implemented in accordance with the minimum living security line stipulated by the local government. Article 8 A party may apply for legal aid for the following matters:
(1) criminal defense and criminal agency;
(2) Requesting to pay alimony, alimony and alimony;
(3) requesting payment of pensions, relief funds, social insurance premiums and labor remuneration;
(four) to claim compensation for work-related injuries (except accidents);
(five) blind, deaf, dumb and other disabled people or minors, the elderly claim tort compensation;
(6) Requesting state compensation;
(seven) to handle the notarization matters in items (two) and (three);
(eight) other matters requiring legal aid. Article 9 In any of the following circumstances, legal aid shall be provided to the parties concerned:
(1) In a criminal case in which a public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons, and the people's court designates him to provide defense;
(2) The defendant or criminal suspect in a criminal case is blind, deaf or dumb or a minor, and has not entrusted a defender;
(3) The defendant in a criminal case may be sentenced to death and has not entrusted a defender. Tenth legal aid mainly takes the following forms:
(a) legal advice, drafting legal documents;
(2) criminal defense and criminal agency;
(three) civil and administrative litigation agency and arbitration;
(4) Non-litigation agent;
(5) notarized certificate;
(6) Other forms of legal services. Chapter III Legal Aid Procedures Article 11 Where a party applies for legal aid and the people's court appoints a lawyer to provide defense according to law, the legal aid management institution shall accept it and organize its implementation. Article 12 When applying for legal aid, a party shall fill in an application form for legal aid and submit the following materials:
(1) Resident identity card, household registration certificate or temporary residence permit;
(two) the economic status of the applicant and his family issued by the applicant's unit or the township people's government or the street office;
(3) Proof and evidential materials for applying for legal aid. Thirteenth legal aid application form shall contain the following items:
(a) the basic information of the applicant and legal representative;
(two) the facts and reasons for applying for legal aid;
(3) The financial status of the applicant. Fourteenth legal aid management institutions shall make a decision on whether to accept or not within 10 days from the date of receiving the application for legal aid from the parties concerned, and notify the applicant. Among them, the application for notarized legal aid put forward by the parties shall be examined and decided by the legal aid management institution and the relevant notary office.
For a case in which a lawyer is appointed by the people's court to defend according to law, the legal aid management institution shall make a decision on acceptance within three days after receiving the Notice of Appointed Defense and a copy of the indictment, and assign the institution and personnel undertaking legal aid to reply to the designated people's court. Fifteenth legal aid management institutions shall examine the application for legal aid submitted by the parties. If it is considered that the certificate provided by the applicant is incomplete or unclear, it may notify the applicant to supplement or investigate with the relevant units and individuals, and the relevant units and individuals shall provide assistance. Sixteenth legal aid management institutions shall organize legal service personnel to provide legal aid to the parties in a timely manner after accepting their applications for legal aid.