Legal expert, please help me I want to apply for legal aid now, what is the specific process 50

Updated on society 2024-03-06
6 answers
  1. Anonymous users2024-02-06

    China's legal aid system is mainly for lawyers, notaries, grassroots legal workers and other legal service personnel to provide legal assistance to citizens with financial difficulties or special cases with reduced or free fees, so as to ensure the realization of their legitimate rights and interests and judicial fairness.

    Legal aid institutions are divided into four levels: the legal aid center of the Ministry of Justice, and the local legal aid center at the provincial, prefecture (city) and county (district) levels. ** and provincial-level local legal aid centers mainly perform management functions; Local legal aid centers at the prefectural (municipal) and county (district) levels are primarily responsible for organizing and implementing legal aid efforts in their jurisdictions.

    Chinese citizens must meet two conditions to be allowed to receive aid: 1. they must have sufficient reasons to prove that they need legal assistance in order to protect their legitimate rights and interests; 2. Meet the minimum subsistence allowance line or unemployment benefit standard stipulated by the local government, or be able to provide proof that their economic conditions are particularly difficult. In criminal proceedings, where the defendant may be sentenced to death, or who is a juvenile or a person who is blind, deaf, or mute, and has not retained a defense lawyer, shall receive legal aid.

    The specific forms of legal aid include answering consultations, mediation, criminal defense and litigation**, non-litigation**, and notarization.

    Citizens applying for legal aid for criminal defense shall submit the following documents and supporting materials:

    1) ID card or other valid identity certificate, ** applicant shall also submit proof of ** right;

    2) Proof of financial hardship;

    3) Case materials related to the matter for which legal aid is being applied for.

    The application shall be in written form, and the application form shall be filled; Where it is truly difficult to submit an application in writing, the application may be made orally, and the staff of the legal aid institution or the staff of the relevant institution transferring the application on their behalf shall make a written record.

    After legal aid institutions receive an application for legal aid, they shall conduct a review; If it is found that the documents or supporting materials submitted by the applicant are incomplete, the applicant may be required to make necessary supplements or explanations, and if the applicant fails to make supplements or explanations as required, it shall be deemed to have withdrawn the application; Where it is found that the documents or supporting materials submitted by the applicant need to be verified, the legal aid institution is to verify it with the relevant organs or units.

    Where the requirements for legal aid are met, the legal aid institution shall promptly decide to provide legal aid; Where the requirements for legal aid are not met, the applicant shall be informed of the reasons in writing.

    Where applicants have objections to a notice made by a legal aid institution that does not meet the requirements for legal aid, they may submit it to the judicial administrative department that designated the legal aid institution, and the judicial administrative department shall conduct a review within 5 working days of receiving the objection, and where upon review it is found that the applicant meets the requirements for legal aid, it shall order the legal aid institution to promptly provide legal aid to the applicant in writing.

    Within 10 days of receiving an application for legal aid, the legal aid institution completes the review, makes a decision to grant or not to grant legal aid, and notifies the applicant. Legal aid institutions shall appoint a lawyer to provide a defense within 3 days of receiving the designation in criminal legal aid cases where the people's courts have designated a defense.

  2. Anonymous users2024-02-05

    It's best to get a lawyer.

  3. Anonymous users2024-02-04

    Lawyer analysis: First, go to the Municipal Legal Aid Center or the city's district and county legal aid institutions to apply for assistance directly, please refer to the organization for the detailed address and **, or you can apply for assistance by filling out the legal aid application form online. Re-entry refers to the blocking of submissions.

    The legal aid agency then reviews and makes a decision on whether or not to grant legal aid.

    Legal basis]:

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

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

    1) Requesting state compensation in accordance with law;

    2) Requests for social insurance benefits or minimum livelihood security benefits;

    3) Requests for the payment of bereavement pensions or 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.

    The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph. Citizens may apply for legal consultation from the legal aid institution Xundou on matters provided for in the first and second paragraphs of this article.

    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.

  4. Anonymous users2024-02-03

    The procedures for how to apply for legal aid are as follows:

    1) Where parties apply for legal aid, they should submit an application to the legal aid institution for the location of the obligated organ, the obligor's domicile, the requested person's domicile, or the location of the people's court hearing the case.

    If the applicant lacks or has limited capacity for civil conduct, his guardian or legal person shall apply on his behalf.

    2) When applying for legal aid, applicants for legal aid shall submit the following materials:

    1. Application for legal aid;

    2. A copy of the applicant's ID card or other valid identity certificate; If the person applies on behalf of the person, a valid certificate of right and the identity certificate of the person shall also be submitted;

    3. Proof of the economic status of the applicant and his family members issued by the township ** (sub-district office) or relevant units where the applicant is located;

    4. Application for legal aid and related proof and evidentiary materials;

    5. Other materials that the legal aid institution deems necessary to provide.

    3) Where parties apply for legal aid, the legal aid institution is to conduct a review within 7 working days of receiving the legal aid application, and where the requirements for legal aid are met, notify the applicant to complete the relevant formalities; and where the requirements for legal aid are not met, notify the applicant, issue a written decision not to grant legal aid, and explain the reasons.

    Where the documents and supporting materials submitted by the applicant are incomplete, the legal aid institution may request that the applicant provide necessary supplements or explanations within 7 working days; If the applicant fails to provide supplements or explanations as required, the application shall be deemed to be withdrawn.

    Criminal Procedure Law of the People's Republic of China》 Article 34: Criminal suspects have the right to retain a defender from the date on which they are first interrogated by the investigating organ or on which compulsory measures are taken; During the investigation, only a lawyer can be appointed as a defender. The defendant has the right to retain a defender at any time.

    When the investigating organs interrogate a criminal suspect for the first time or employ compulsory measures against the criminal suspect, they shall inform the criminal suspect that they have the right to retain a defender. Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the criminal suspect that he or she has the right to retain a defender. Within 3 days of accepting the case, the people's court shall inform the defendant that they have the right to retain a defender.

    Where a criminal suspect or defendant requests to retain a defender while in custody, the people's courts, people's procuratorates, and public security organs shall promptly convey their request.

    Where criminal suspects or defendants are in custody, their guardians or close relatives may also retain a defender on their behalf.

    After the defender accepts the retention of the criminal suspect or defendant, he shall promptly inform the organ handling the case.

  5. Anonymous users2024-02-02

    Application Process Materials:

    1) Applicants can apply for assistance directly at the Juju City Legal Aid Center or the legal aid institutions of each district and county of the city, please refer to the organization for the detailed address and **, or apply for assistance by filling in the legal aid application form online.

    2) Applicants applying for legal aid shall submit the following materials at the same time:

    1. Application form for legal aid, with the following items specified:

    1) The basic information of the applicant;

    2) the facts and grounds for applying for legal aid;

    3) the applicant's financial situation;

    4) List of certificates and evidentiary materials provided by the applicant;

    5) A statement by the applicant to guarantee that the proof and evidentiary materials submitted are true.

    Applicants who have difficulty in writing can apply orally, and the reception staff will record it in the record according to the above requirements, and the applicant will sign or leave a fingerprint for confirmation.

    2. Resident ID card, household registration certificate or other valid identity certificate;

    3. Proof of the economic status of the applicant and his family members issued by the township**, sub-district office or the labor and personnel department of the applicant's domicile or household registration;

    4. Certificates and evidentiary materials related to the legal aid applied for;

    5. Other materials that the legal aid institution deems necessary to provide.

    3) The legal aid institution is to conduct a review within 10 working days of receiving all materials on the matter for which the application is made, and make a decision on whether to grant legal aid:

    1. For those who meet the requirements, make a written decision to agree to provide legal aid, appoint a legal service organization to undertake legal aid matters, and notify the aid recipients. The legal aid institution and the aid recipient shall sign a legal aid agreement;

    2. For those who do not meet the requirements, make a decision not to grant legal aid, and notify the applicant in writing.

    4) Where the applicant has objections to a notice made by a legal aid institution that does not meet the requirements for legal aid, they may submit it to the judicial administrative department that designated the legal aid institution, and the judicial administrative department shall conduct a review within 5 working days of receiving the objection.

  6. Anonymous users2024-02-01

    Since 1 September 2003, the Legal Aid Regulations have come into force, clearly stipulating that legal aid is a responsibility. In accordance with the provisions of Articles 10 and 11 of Chapter II of these Regulations, citizens who have the following matters and have not retained a person or defender may apply to the people's court for legal aid or designate a defense: (1) demand state compensation in accordance with law; (2) Claiming social insurance benefits or minimum living security benefits; (3) demand for the payment of pensions and benefits; (4) demand for alimony, alimony, and alimony; (5) Demand payment of labor remuneration; (6) asserting civil rights and interests arising from voluntary acts; (7) The criminal suspect has not hired a lawyer due to financial hardship since the date on which the investigating organ first questioned or compulsory measures were taken; (8) The victim in the public prosecution case and his or her legally-designated person or close relatives have not retained a litigator due to financial difficulties since the date on which the case was transferred for review for prosecution; (9) The private prosecutor and his legally-designated person in a private prosecution case have not retained the defendant to provide financial assistance due to financial difficulties due to financial difficulties or the defendant as the defendant for other reasons due to financial difficulties since the date on which the case is accepted by the people's court; (11)

    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 a petition to a legal aid institution for a request for loss.

    Where the requirements for legal aid are met, the legal aid institution shall appoint a lawyer to provide them with a defense.

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