1. Does the lawyer on duty charge?
1. According to the relevant laws and regulations of our country, lawyers on duty provide legal aid free of charge, and lawyers on duty are stationed by legal aid agencies, while legal aid is provided to criminal suspects who have no financial ability.
2. Legal provisions: People's Republic of China (PRC) Criminal Procedure Law.
Thirty-sixth legal aid institutions can send lawyers on duty in people's courts, detention centers and other places. If the criminal suspect or defendant does not entrust a defender or the legal aid institution does not entrust a lawyer to defend him, the lawyer on duty will provide legal assistance to the criminal suspect or defendant, such as legal consultation, suggestions on procedure selection, application for changing compulsory measures, and suggestions on handling cases.
The people's courts, people's procuratorates and detention centers shall inform the criminal suspects and defendants that they have the right to meet the lawyers on duty, and provide convenience for the criminal suspects and defendants to meet the lawyers on duty.
Legal aid regulations
Article 3 Legal aid is the responsibility of the government, and the people's governments at or above the county level shall take active measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid and economy and society.
The funds for legal aid shall be used for special purposes, and shall be subject to the supervision of the financial and auditing departments.
2. What are the conditions for applying for legal aid?
(1) China citizens who meet the following conditions may apply for legal aid:
1. There are sufficient reasons to prove that you need help to safeguard your legitimate rights and interests;
2, due to economic difficulties, unable or completely unable to pay legal service fees (citizens' financial difficulties standards shall be implemented by the local government with reference to the provisions of local government departments).
(two) blind, deaf, dumb and minors are criminal defendants or criminal suspects, and they shall obtain legal aid if they have not entrusted a defense lawyer.
Other disabled and elderly people who are criminal defendants or criminal suspects and are unable to hire a defense lawyer due to financial difficulties can get legal aid.
If a criminal defendant who may be sentenced to death fails to entrust a defense lawyer, he shall obtain legal aid.
(3) In criminal cases, if the defendant of foreign nationality has not entrusted a defender and the people's court appoints a lawyer to defend him, he may obtain legal aid.
(4) An applicant for legal aid who has been examined and approved, or a criminal defendant or criminal suspect who meets the requirements and accepts the designation of the people's court as the recipient. In the process of legal aid, the recipient can know the progress of legal aid activities; The recipient has facts to prove that the legal aid contractor did not perform his duties correctly, and may request the replacement of the contractor.
(5) The recipient shall pay the service fee to the legal aid institution when he obtains significant benefits from the settlement of a case or matter in need of assistance.
These are Bian Xiao's answers to relevant legal questions. According to the relevant laws and regulations of our country, when providing legal aid, the lawyer on duty does not charge, and the lawyer on duty is stationed by the legal aid agency, and legal aid is provided to criminal suspects who have no financial resources. If you need legal help, you are welcome to seek legal advice.