Who has access to legal aid and who has access to it

Updated on society 2024-02-24
6 answers
  1. Anonymous users2024-02-06

    Hello, citizens of the People's Republic of China who meet the following conditions can obtain legal aid:

    1. There are sufficient reasons to prove that you need help to protect your legitimate rights and interests

    2. Unable or incapable of paying legal service fees due to financial difficulties (the standard of financial hardship shall be implemented according to the minimum subsistence allowance line stipulated by the local people**, and all personal income or per capita living expenses of the family below the minimum subsistence allowance line are considered financial hardship).

    2) Where blind, deaf, mute, or minors are criminal defendants and have not retained a defender, they shall receive legal aid.

    Where other persons with disabilities or the elderly are criminal defendants or criminal suspects, and are unable to hire a guardian or person due to financial hardship, they may obtain legal aid.

    Where a criminal defendant who might be sentenced to death has not retained a defender, he shall receive legal aid.

    3) Where a foreign national or stateless defendant in a criminal case has not retained a defender, and the people's court appoints a lawyer to defend them, they may receive legal aid.

    If more details could be given, more detailed information could be made.

  2. Anonymous users2024-02-05

    Legal Analysis: Legal aid refers to a legal guarantee system in which legal aid institutions established by ** or lawyers organized by legal aid institutes that are not established by ** to provide legal services free of charge to people in financial difficulties or special cases, and the subjects that can be applied to court assistance are, criminal suspects and defendants who have not retained a defender due to financial difficulties or other reasons, legal aid can be carried out upon application, and the subjects who must provide legal aid are blind, deaf, mute, Mentally ill persons who have not completely lost the ability to recognize or control their own conduct, or who may be sentenced to life imprisonment or the death penalty, and have not retained a defender, may be provided with legal aid without applying. Legal basis:

    Article 35 of the Criminal Procedure Law of the People's Republic of China: Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, they and their close relatives may submit an application to a legal aid institution. Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense. Where a 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, 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.

  3. Anonymous users2024-02-04

    Legal Analysis: The purpose of the legal aid system is to ensure that citizens do not suffer from unequal legal protection due to individual differences. Therefore, there are two types of legal aid targets: one is the financially disadvantaged group of people applying for legal aid, including criminal suspects, victims, and criminal private prosecutors in criminal cases; There is also a category where the people's court appoints a defender for the defendant, including the blind, deaf, mute, or juvenile, as well as the defendant who may be sentenced to death, and there is no need to consider whether the person has financial difficulties.

    Legal basis: Regulations of the People's Republic of China on Legal Aid

    Article 10: Where citizens do not have a retainer for the following matters that need to be ** due to financial hardship, they may apply to legal aid institutions for legal aid.

    Article 11: In any of the following circumstances in criminal proceedings, citizens may apply to legal aid institutions for legal aid:

    1) The criminal suspect has not retained a lawyer due to financial hardship after being interrogated for the first time by the investigating organ or from the date on which compulsory measures are employed;

    2) Victims in public prosecution cases, as well as 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;

    3) The private prosecutor in a private prosecution case and his legally-designated ** person have not retained a litigant due to financial hardship since the date the case was accepted by the people's court.

    Article 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, when the people's court designates a defense for the defendant, the legal aid institution shall provide legal aid.

  4. Anonymous users2024-02-03

    Citizens who have the following matters and do not have a person or defender to appoint a defender may apply for legal aid or have a defense appointed by the people's court: (1) requesting state compensation in accordance with law; (2) Requesting social insurance benefits or minimum subsistence allowance and disability benefits; (3) Requests for the payment of bereavement pensions or relief funds.

    Where to get legal aid.

    1. If an individual meets the requirements for legal aid and needs to apply for legal aid, he or she may apply for legal aid at the Legal Aid Center of the Bureau of Justice.

    2. The matters applied for by individuals shall conform to the scope of applications provided for in the "Legal Aid Regulations".

    Supporting documents that meet the legal aid situation shall be submitted when applying.

    When can you request legal assistance.

    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 state compensation in accordance with law; (2) Requesting social insurance benefits or minimum livelihood security benefits; (3) Requests for the payment of bereavement pensions or relief funds.

    What groups of people can apply for law and laugh for assistance.

    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 state compensation in accordance with law; (2) Requesting social insurance benefits or minimum livelihood security benefits; (3) Requests for the payment of bereavement pensions or relief funds.

    When you can apply for legal aid.

    1. There are sufficient reasons to prove that legal assistance is really needed to protect their legitimate rights and interests;

    2. Unable or unable to pay legal service fees due to financial difficulties;

    3. The application is within the scope of legal aid.

    When can I get legal assistance?

    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 state compensation in accordance with law; (2) Requesting social insurance benefits or minimum livelihood security benefits; (3) Requests for the payment of bereavement pensions or relief funds.

  5. Anonymous users2024-02-02

    Citizens may apply for legal aid in the following circumstances:

    1. Requesting compensation from the state in accordance with law.

    2. Requesting to be given social insurance benefits or minimum livelihood 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. In a criminal case, there is no person who has been retained as a litigator due to financial difficulties.

    11. In cases where the public prosecutor appears in court for public prosecution, the defendant has not retained a defender due to financial difficulties or other reasons.

    12. The defendant is blind, deaf, mute, or a minor and has not retained a defender, or the defendant may be sentenced to death but has not retained a defender.

    1. What is the scope of legal aid in the state?

    The scope of legal aid is as follows:

    1.Criminal cases.

    2.Request for alimony, child support, alimony.

    3.Requests for the payment of bereavement pensions, chain weasel relief, insurance benefits or minimum subsistence allowances, and payment of labor remuneration.

    4.The victim of a traffic accident, medical accident, work-related accident or other life injury accident shall seek medical expenses and compensation.

    5.Persons with disabilities, minors, the elderly, and women are required to seek compensation for personal torts.

    6.Cases in which state compensation is claimed.

    7.Matters that assert civil rights and interests arising from acts of righteousness and courage.

    8.Other matters that require legal assistance.

    Article 35 of the Criminal Procedure Law, where a criminal suspect or defendant has not retained a defender due to financial hardship or other reasons, he or her close relatives may submit an application to a legal aid institution.

  6. Anonymous users2024-02-01

    1. Legal aid may be obtained in the following cases:

    1) Persons who are truly unable or incapable of paying legal service fees due to financial hardship, who are blind, deaf, mute, or minors who are criminal defendants or criminal suspects, and who have not retained a defense lawyer, shall receive legal aid;

    2) Where other persons with disabilities or the elderly are criminal defendants or criminal suspects and are unable to hire a defense lawyer due to financial hardship, they may obtain legal aid.

    2. Legal basis: Article 10 of the Regulations of the People's Republic of China on Legal Aid.

    Citizens who do not have a person to retain due to financial difficulties may apply to legal aid institutions for the following matters that require **:

    1) Requesting state compensation in accordance with law;

    2. Requesting social insurance benefits or minimum subsistence security benefits;

    3) Requesting the issuance of a pension or relief fund for the orange defense;

    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.

    The people** of provinces, autonomous regions, and directly governed municipalities may make supplemental provisions on legal aid matters other than those provided for in the preceding paragraph. Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.

    II. What are the characteristics of legal aid?

    The characteristics of legal aid are:

    1. Clarity of the legal aid system's responsible entities;

    2. Uniformity of legal aid work;

    3. The gratuitous nature of legal aid services;

    4. The breadth of the scope of legal aid;

    5. The richness of legal aid forms;

    6. Diversity of legal aid practitioners.

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