First, what is the legal aid system?
The legal aid system is a legal guarantee system. Under this system, the state reduces fees and provides legal aid to socially disadvantaged groups who cannot protect their rights through legal remedies due to economic difficulties or other factors in all aspects and levels of the operation of the judicial system. As a national act to realize social justice and judicial justice and safeguard citizens' basic rights, it occupies a very important position in the national judicial system.
It is a basic principle of criminal procedure law that criminal suspects and defendants have the right to defense. Article 1 1 of the Criminal Procedure Law stipulates that the people's court has the right to be defended when trying a case, and the people's court has the obligation to ensure that the defendant is defended. The basic meaning of this principle is:
1. During the whole criminal proceedings, criminal suspects and defendants have the right to defend themselves. From the stage of examination and prosecution, criminal suspects and defendants have the right to entrust defenders. At the trial stage, if the defendant meets the relevant conditions stipulated by law, the court shall appoint a lawyer to provide legal aid.
2. According to the provisions of Article 96 of the Criminal Procedure Law, a criminal suspect may hire a lawyer to represent him in his complaint and accusation after the first interrogation by the investigation organ or the day when compulsory measures are taken. According to this provision, criminal suspects can get legal help from lawyers in the investigation stage, thus effectively exercising their right to defense.
3. The people's court has the obligation to ensure that the defendant is defended. In the trial procedure, the people's court shall promptly inform the defendant who has not entrusted a defender that he has the right to entrust a defender, and appoint a lawyer who undertakes the obligation of legal aid to defend the defendant under legal circumstances. In court proceedings, the people's court shall ensure that the legitimate defense behavior of the defendant and his defenders is not disturbed. Of course, this provision also applies to public security organs and people's procuratorates, both of which have the obligation to protect the defendant's defense.
2. What are the requirements for applying for legal aid?
A citizen who has not entrusted an agent due to financial difficulties may apply to a legal aid institution for legal aid on the following matters that need to be represented:
(1) Requesting State compensation
(2) Requesting social insurance benefits or minimum living security benefits.
(3) Requesting pension and relief funds.
(four) to request the payment of alimony and maintenance.
(six) to claim the civil rights and interests arising from the courageous behavior.
Second, in criminal proceedings, citizens can apply for legal aid from legal aid institutions under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken.
(2) 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.
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties.
Third, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the legal aid institution shall provide legal aid when the people's court appoints the defendant to defend.
Fourth, the application conditions are the same as those stipulated in Article 13 on the scope of assistance.
The simple understanding of legal aid is that you can't afford a lawyer to go to court, and those who meet the scope of legal aid can apply for legal aid. Legal aid is aimed at a specific scope, and the core condition for applying for legal aid is basically the client's economy, which is relatively difficult. The state also does not allow legal aid institutions to charge any fees to the parties.