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1) Citizens who do not have a person to retain due to financial hardship for the following matters that require ** may apply to a legal aid institution for legal aid: Requesting state compensation in accordance with law; Requests for social insurance benefits or minimum subsistence security benefits; Requests for the payment of pensions or relief funds; Requests for alimony, child support, or alimony; Requesting payment of labor remuneration; Asserting civil rights and interests arising from acts of righteousness and courage.
The law empowers the people of provinces, autonomous regions, and municipalities directly under the Central Government** to make supplementary provisions on other legal aid matters.
2) In any of the following circumstances in criminal proceedings, citizens may apply for legal aid from legal aid institutions: The criminal suspect has not retained 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 were taken; 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; The private prosecutor in a private prosecution case and his legally-designated ** person have not retained a litigator due to financial difficulties since the date on which the case is accepted by the people's court.
It should be noted that, after verification, if a citizen does not meet the criteria for financial hardship, legal aid is not to be provided, but 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, and when the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid, and there is no need to conduct a review of the defendant's financial status. Tips: The standards for citizens' economic hardship shall 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 their respective administrative regions and the needs of legal aid undertakings. If 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.
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According to the "Legal Aid Regulations" adopted by the executive meeting in July 2003, "citizens who do not have a person to entrust due to financial difficulties may apply to legal aid institutions for the following matters that need to be **:
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. ”
The regulation stipulates that "in any of the following circumstances in criminal proceedings, a citizen may apply to a legal aid institution 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 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.
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Citizens who meet the relevant requirements may apply for legal aid from legal aid institutions.
Applicants can apply for assistance directly at the Municipal Legal Aid Center or the legal aid institutions of each district or county in the city, please refer to the organization for the detailed address and **, or apply for assistance by filling out the legal aid application form online.
The legal aid institution at the place of residence submits the application. According to Article 10 of the "Legal Aid Regulations", citizens may apply to legal aid institutions for legal aid if they do not have a person to be retained due to financial difficulties for the following matters: Item 5: Request for payment of labor remuneration.
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It is necessary to qualify for legal aid, as if the specific regulations vary from region to region. First of all, the type of case meets the scope of assistance, there is prima facie evidence, and there is a possibility of winning the case. And then there's the state of the economy.
The subsistence allowance is not limited by the type of case, and then wages are in arrears, and work-related injury cases do not need to be reviewed for financial status.
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Legal aid refers to the lawyers who organize legal aid organized by the legal aid institution established by ** to provide free legal services to people with financial difficulties or special cases.
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Those who do not have the financial ability to bear the ** fee. Such as maintenance cases, maintenance cases.
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1. Submit an application to the legal aid agency and provide materials to prove that it meets the requirements for legal aid. 2. After receiving the application, the legal aid institution shall conduct a review. 3. If the materials are complete and meet the statutory requirements, it shall be accepted.
4. Legal aid institutions shall complete the review and make a decision on whether to provide legal aid within 5 working days of accepting the legal aid application.
Article 17 of the Legal Aid Regulations: Citizens applying for legal aid for criminal defense shall submit the following documents and supporting materials: (1) ID card or other valid identification certificates of Bihe Township, and the applicant shall also submit proof of authority; (2) Proof of financial hardship; (3) Case materials related to the matter for which legal aid is being applied. 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.
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