What kind of circumstances will be approved by Legal Aid?

The Legal Aid Regulations stipulate that the conditions that an individual needs to meet to apply for legal aid are:

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

2. The aid recipient is unable to pay part or all of the legal service fees due to financial difficulties. Among them, those in rural areas are the recipients of social assistance; The income of their family members in cities and towns does not exceed the minimum subsistence allowance line stipulated by the city, and there is no other economic income.

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

The so-called scope of the case.

Articles 10 and 11 of Chapter 2 of the Legal Aid Regulations stipulate that 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) 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;

7) 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 employed;

8) Victims in public prosecution cases, as well as their legally-designated persons or close relatives, have not retained a litigator due to financial hardship since the date on which the case was transferred for review for prosecution;

9) The private prosecutor in a private prosecution case and his legally-designated ** person, since the date on which the case is accepted by the people's court, have not retained a litigant due to financial hardship;

10) 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;

11) 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.

Your situation falls within the scope of the case, as long as you can prove that you are indeed in financial difficulty, the court can appoint a litigator for you, I wish you all the best.

If the family conditions are poor, there is also the issue of the wages of migrant workers.

The principle of legal aid review is the principle of four unifications, whereby legal aid institutions uniformly accept (accept), review, appoint, and supervise citizens' applications for legal aid and court-appointed legal aid cases.

1. Do I need a lawyer for legal aid?

Legal aid lawyers are generally assigned directly by legal aid institutions, and applicants for legal aid can generally only apply and cannot decide which lawyer** to appoint.

During trial, the defendant may request a change of defense lawyer, and the collegial panel shall allow it. However, if they refuse to defend themselves after being **** again, they can only defend themselves. In the case of a defendant who should be provided with legal aid, the defence may not be refused again.

II. What are the specific contents of legal aid in our country?

Legal 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 in accordance with paragraphs 2 and 3 of article 34 of the "Criminal Procedure Law of the People's Republic of China", where the suspect 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 behavior, 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.

III. On Legal Aid Applications.

Before applying for legal aid, citizens should first file a case with a court or arbitration institution with jurisdiction over the case, and bring the notice of filing and case materials to the local legal aid institution for consultation. After a preliminary review by the duty lawyer, if it is found that the conditions for legal aid are met, a Legal Aid Application Form will be issued. It is sufficient to fill out the "Application Form for Legal Aid of Seeno" as required and submit proof of identity and financial status and factual evidence.

Article 35, paragraph 2, paragraph 3 of the Criminal Procedure Law, 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 behavior, 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.

You may apply for legal aid in the following situations:

1) Where there is no person to entrust due to economic hardship, and requests state compensation in accordance with law;

2) Where there is no entrusting person due to economic hardship, and requests to be given social insurance benefits or minimum livelihood security benefits;

3) Where there is no entrusting person due to financial hardship, and requests for the payment of a bereavement pension or relief fund;

4) Where there is no entrusting person due to financial hardship, and requests for alimony, child support, or alimony;

5) Requesting payment of labor remuneration due to economic difficulties without entrusting a person;

6) Where there is no entrusting person due to economic hardship, and asserting the civil rights and interests of the people who have produced Zen pants and things because of acts of righteousness and courage;

7) 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 employed;

8) Victims in public prosecution cases, as well as their legally-designated persons or close relatives, have not retained a litigator due to financial hardship since the date on which the case was transferred for review for prosecution;

9) The private prosecutor in a private prosecution case and his legally-designated ** person, since the date on which the case is accepted by the people's court, have not retained a litigant due to financial hardship;

10) 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;

11) 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 people's court shall provide legal aid when appointing a defense for the defendant, and there is no need to conduct a review of the defendant's financial status.

Legal basis

Article 10 of the Legal Aid Regulations provides that 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) 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 to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.

Article 11 of the Legal Aid Regulations provides that 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 hired a lawyer due to financial hardship after being interrogated for the first time by the investigating organ or since the date on which compulsory measures are taken; (2) Victims in a public prosecution case, 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 and his legally-designated person in a private prosecution case have not retained a litigator due to financial hardship since the date the case was accepted by the people's court.

The circumstances under which legal aid can be applied are as follows:

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; The book model is open.

4. Requests for alimony, child support, or alimony;

5. Requesting payment of labor remuneration;

6. Asserting civil rights and interests arising from acts of righteousness and courage.

Legal aid refers to a legal guarantee system in which lawyers who are legally aided by legal aid institutions established by ** or lawyers who are not legally organized by ** provide free legal services to people with financial difficulties or special cases, especially in rural areas.

Legal aid has the following characteristics:

1. Legal aid is the responsibility of the state, and it is organized and implemented by the legal aid institution established by the state. It embodies the obligations of the state and the first to citizens;

2. Legal aid is a legalized and institutionalized act, and is an important part of the national social security system;

3. The recipients of assistance are those with financial difficulties, the disabled, the weak, or special targets designated by the people's courts;

4. Legal aid institutions are to reduce or exempt legal service fees for aid recipients, and courts are to reduce or waive case acceptance fees and other litigation fees for aid recipients;

5. The forms of legal aid include both litigation and non-litigation legal services.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 35: 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.