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Anonymous users2024-02-06Legal aid refers to a legal guarantee system in which lawyers who organize legal aid by legal aid institutions established by ** provide free legal services to people with financial difficulties or special cases.
Special cases refer to cases where the criminal suspect or defendant is blind, deaf, or mute, or a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct, and has not retained a defender, in accordance with the provisions of paragraphs 2 and 3 of article 34 of the Criminal Procedure Law of the People's Republic of China, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense. Where criminal suspects or defendants might be sentenced to life imprisonment or death, and have not retained a defender, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to provide them with a defense.
According to Articles 10 and 11 of the "Regulations of the People's Republic of China on Legal Aid", citizens who have the following matters and have not retained a person or defender may apply for legal aid or have a defense appointed by the people's court:
1. Requesting compensation from the state in accordance with law.
2. Requesting social insurance benefits or minimum subsistence security benefits.
3. Requests for payment of pensions and relief funds.
4. Requests for alimony, child support, or alimony.
5. Requests for payment of labor remuneration.
6. Asserting civil rights and interests arising from acts of righteousness and courage.
7. Personal injury compensation cases caused by medical accidents, traffic accidents, and work-related accidents.
8. Cases in which the victim requests divorce and compensation for personal injury due to domestic violence, abuse, bigamy, etc.
9. The criminal suspect has not retained a lawyer due to financial hardship after being questioned for the first time by the investigating organ or from the date on which compulsory measures are taken.
10. Victims in public prosecution cases and their legally-designated ** persons or close relatives have not retained a litigant due to financial hardship since the date on which the case was transferred for review for prosecution.
11. The private prosecutor of a private prosecution case and his or her statutory ** person have not retained a litigator due to financial difficulties since the date the case was accepted by the people's court.
12. In cases where a public prosecutor appears in court for public prosecution, and the defendant has not retained a defender due to financial hardship or other reasons, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.
13. Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant might be sentenced to death but has not retained a defender, the legal aid institution shall provide legal aid when the people's court appoints a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.
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Anonymous users2024-02-05Legal aid is a judicial aid system implemented in China, and under the guidance and coordination of legal aid institutions established by the state, lawyers, notaries, grassroots legal workers and other legal service personnel provide free legal services such as reduced or free legal consultation, criminal defense, etc., to parties in financial difficulties or special cases, so as to ensure that their legitimate rights and interests can be realized.
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Anonymous users2024-02-04Legal aid refers to a legal guarantee system in which legal aid institutions established by ** organize legal aid personnel to provide legal services to persons with financial difficulties or special cases.
Special cases refer to cases where the defendant in a criminal case is blind, deaf, mute, or a minor who has not retained a defender, or where the defendant may be sentenced to death but has not retained a defender, shall receive legal aid in accordance with article 34 of the Criminal Procedure Law of the People's Republic of China.
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Anonymous users2024-02-03Legal aid is the responsibility of the people, and the people at the county level or above shall take positive measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid with the economy and society. Legal aid funds shall be earmarked for specific purposes and subject to oversight by the finance and auditing departments.
Legal basis] Legal Aid Regulations
Article 3: Legal aid is the responsibility of the people**, and the people at the county level or above shall employ positive measures to promote legal aid work, provide financial support for legal aid, and ensure the coordinated development of legal aid with the economy and society.
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