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The requirements for an individual 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.
Legal basis] Article 34 of the Criminal Procedure Law of the People's Republic of China stipulates that where the defendant in a criminal case is blind, deaf, mute, or a minor has not retained a defender, or the defendant may be sentenced to death but has not retained a defender, he shall receive legal aid.
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Eligibility for Legal Aid:
1) The application falls within the scope of legal aid (cases that need to be resolved through litigation or arbitration procedures should have been filed).
2) There are sufficient grounds to prove that it is necessary to obtain legal aid in order to protect their lawful rights and interests.
3) Unable or infully unable to pay for legal services due to financial difficulties.
4) The domicile is in the city or holds a temporary residence permit in the city.
Legal Aid Applicants:
1) Criminal, civil, administrative, and other litigation cases that have already been filed are to be accepted by the legal aid center at the same level for the location of the people's court with jurisdiction.
2) Non-litigation legal matters that do not need to be resolved by the court shall be handled by the legal aid center at the place where the applicant is located or where the work unit is located.
3) Where two or more legal aid centers have jurisdiction over the same case, the aid center that first accepts the application has jurisdiction.
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Legal analysis: 1. There are sufficient reasons to prove that legal assistance is needed to protect one's legitimate rights and interests; 2. The recipient is unable to pay part or all of the legal service expenses due to financial difficulties; 3. The application is within the scope of legal aid.
Legal basis: Article 10 of the "Legal Aid Regulations" Citizens may apply to legal aid institutions for legal aid for the following matters that require ** and do not have a ** person due to financial difficulties: requesting state compensation in accordance with law; Requesting that social insurance benefits or minimum subsistence security benefits be granted; Requests for the payment of pensions or relief funds; Requests for alimony, child support, or alimony; Requesting payment of labor remuneration; A grand omen of civil rights and interests arising from acts of righteousness and courage.
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What are the conditions for an individual to apply for legal aid? What are the conditions for an individual to apply for legal aid? According to the Legal Aid Regulations, the conditions for an individual to apply for legal aid are as follows:
Article 10: Where citizens do not have a person to retain due to financial hardship for the following matters that need to be met, they may apply to a legal aid institution for legal aid: (1) Lawfully requesting that the state compensate for jujube dust; (2) Requesting 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) Requesting 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. Does this explain everyone's understanding of Zen dissipation?
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The requirements for individuals to apply for legal aid are: Since the implementation of the Legal Aid Ordinance, the Ordinance has made it clear that legal aid is a responsibility. According to the provisions of Articles 10 and 11 of Chapter II of the Regulations, 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;
(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.
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) In a private prosecution case, the private prosecutor and his legally-designated person have not retained a litigator due to financial hardship since the date the case was accepted by the people's court;
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.
The people** of provinces, autonomous regions, and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those provided for in items 1 through 6. The standards for citizens' economic hardship are to be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government on the basis of the economic development status of that administrative region and the needs of legal aid undertakings. Where the economic hardship standards for the applicant's domicile are inconsistent with the economic hardship standards for the location of the legal aid institution accepting the application, follow the economic hardship standards for the location of the legal aid institution accepting the application.
The above is an analysis of the question of what are the conditions for an individual to apply for legal aid.
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If a party wants to apply for legal aid, then the condition that the party is required to meet is Qing Zhizi, who has not retained a litigator due to financial difficulties.
Therefore, financial situation is an important factor in determining the judgment when applying for legal aid, and legal aid refers to lawyers who are not recognized by the legal aid institution established by ** to organize legal aid;
A system of legal safeguards for the pro bono provision of legal services to persons in financial difficulties or special cases. Therefore, when applying for legal aid, the parties should also provide relevant proof of property status.
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The following conditions must be met for pre-litigation property preservation: 1. The application must be made by an interested party in an emergency; 2. The court must require the applicant to provide security for the consideration; 3. Due to the urgency of the situation, the court must make a ruling within 48 hours; 4. Tan Feng guessed that the people's court with jurisdiction over the case shall be the location of the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case. ”
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Legal aid refers to a legal protection system in which lawyers who organize legal aid organized by the legal aid organization established by ** to provide legal services to people with financial difficulties or special cases free of charge.
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The conditions for applying for legal aid are as follows:
1. 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;
2. 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 behavior, and has not retained a defender.
1. What are the legally designated defenses?
According to articles 35 and 278 of the Criminal Procedure Law, the circumstances under which a defense is legally designated are:
1. The criminal suspect or defendant has not retained a defender due to financial hardship or other reasons.
2. 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 behavior, and has not retained a defender.
3. The criminal suspect or defendant may be sentenced to life imprisonment or the death penalty, and has not retained a defender or has failed to do so.
4. Juvenile criminal suspects or defendants have not retained a defender.
2. Can legal aid be granted in criminal cases?
Legal aid is available in criminal cases. For legal aid defense, it must be premised that the defendant or criminal suspect has not retained a defender. Second, legal aid can only be provided by lawyers, and no one else can do so.
Where deaf-mute, mentally ill persons who have completely lost their recognition, and minors may apply for legal aid, the court shall notify the legal aid defense. Article 35 of the Criminal Procedure Law of the People's Republic of China stipulates that where a criminal suspect or defendant may be sentenced to life imprisonment or death, 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 him with a defense.
III. What are the types of criminal legal aid?
The types of criminal legal aid generally are:
1. The criminal suspect or defendant may be sentenced to life imprisonment or death, and has not retained a defender;
2. 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 behavior, and has not retained a defender.
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 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.
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The requirements for applying for legal aid are as follows: Criminal suspects and defendants have the right to defend themselves throughout the course of criminal proceedings. From the beginning of the examination for prosecution stage, criminal suspects and defendants have the right to retain a defender.
During the trial phase, where the defendant meets the relevant requirements prescribed by law, the court shall appoint a lawyer to provide legal assistance to him. 2.According to Article 96 of the Criminal Procedure Law, a criminal suspect may hire a lawyer to provide him with legal advice, appeal, or accusation after being interrogated for the first time by the investigating authority or from the date on which compulsory measures are taken.
According to this provision, criminal suspects can obtain legal assistance from a lawyer during the investigation stage, so as to effectively exercise their right to defense. 3.The people's court has the obligation to ensure that the defendant is defended.
During the trial procedures, the people's courts shall promptly inform the defendant who has not retained a defender that they have the right to retain a defender, and designate lawyer Fan Sun, who bears legal aid obligations, to defend the defendant under legally-prescribed circumstances. During court trials, the people's courts shall ensure that defendants and their defenders' lawful defense conduct is not interfered with. Of course, this provision applies equally to the public security organs and the people's procuratorate, both of which are also obliged to ensure that the accused is defence-oriented.
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