What is legal aid What qualifies to apply for legal aid How to apply

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 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 conduct, and has not retained a defender, in accordance with the provisions of paragraphs 2 and 3 of article 34 of the Criminal Procedure Law of the People's Republic of China, 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.

According to Articles 10 and 11 of the "Regulations of the People's Republic of China on Legal Aid", 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 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.

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. 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.

11. The private prosecutor of a private prosecution case and his or her statutory ** person have not retained a litigator due to financial difficulties since the date the case was accepted by the people's court.

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, and the people's court appoints a defense for the defendant, the legal aid institution shall provide legal aid.

13. 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.

Legal aid requires general conditions and special provisions for this bucket.

The special conditions are mainly as follows:

1. Blind, deaf, mute, and juvenile defendants or criminal suspects, as well as defendants who may be sentenced to death, but have not retained a defense lawyer, shall receive legal aid;

2. Other persons with disabilities or the elderly who are defendants or suspects in criminal high-level calls and are unable to hire a defense lawyer due to financial hardship may receive legal aid;

3. Where a foreign national defendant in a criminal case has not retained a defender, and the court appoints a lawyer to defend him, he may obtain legal aid.

The general conditions are generally applicable to Chinese citizens, and refer to Chinese citizens who are unable or not fully able to pay for legal services due to financial difficulties, and have sufficient reasons to prove that they need help to protect their legitimate rights and interests, may apply for legal aid. Special conditions mainly refer to the special circumstances that the accused party in a criminal case should have in order to obtain legal aid.

Applications for legal aid shall be submitted in writing and the following materials shall be submitted:

1. ID card, household registration certificate or temporary residence permit;

2. Proof of the economic status of the applicant and family members issued by the relevant unit;

3. The basic situation of applying for legal aid;

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

Legal basis

Legal Aid Law of the People's Republic of China

Article 4: People's at the county level or above** shall include legal aid work in citizens' economic and social development plans and basic public service systems, ensuring the coordinated development of legal aid and the economy and society.

People's ** at the county level or above shall complete the legal aid safeguard system, include legal aid-related funds in the budget for that level**, establish mechanisms for dynamic adjustments, ensure the needs of legal aid work, and promote the balanced development of legal aid. Article 17: The state encourages and regulates volunteer legal aid services; Support eligible individuals to serve as legal aid volunteers and provide legal aid in accordance with law.

Institutions of higher learning and scientific research institutions may organize persons engaged in legal education and research work and law students to serve as legal aid volunteers, and under the guidance of the judicial administrative departments, provide legal aid to parties such as legal consultation and drafting legal documents on their behalf.

Specific measures for the management of legal aid volunteers are to be provided by the relevant departments.

Legal Analysis: The conditions for citizens to apply for legal aid are: 1. Request for alimony, child support, and alimony; 2. Request for social insurance benefits or minimum living security benefits; 3. Request for state compensation in accordance with the law.

For the above matters, where the parties do not have a person to retain due to financial difficulties, they may apply to a legal aid institution for legal aid.

Legal basis: Article 10 of the Legal Aid Regulations.

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.

The conditions are as follows:

The conditions for applying for legal aid are those that the parties are required to meet if they have not retained a litigator due to financial difficulties. Therefore, economic status is an important factor in judging when applying for legal aid, and legal aid refers to a legal guarantee system in which lawyers who organize legal aid organized by a legal aid institution established by ** provide free legal services to people with financial difficulties or special cases. Therefore, when applying for legal aid, the parties should also provide relevant proof of property status.

Article 35 of the Criminal Procedure Law of the People's Republic of China

Where criminal suspects or defendants have not retained a sedan chair demolition 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 criminal suspect or defendant Lao Bi 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.

1. The criminal suspect has not hired a lawyer due to financial difficulties after being interrogated for the first time by the investigating organ or from the date on which compulsory measures are taken; 2. Victims in public prosecution cases and 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; 3. The private prosecutor of the public prosecution case and its statutory ** person, since the date on which the case is accepted by the people's court, have not retained the first person to litigate due to financial difficulties; Note: If a citizen needs legal aid due to financial hardship, proof of financial hardship must be provided.

Legal analysisRequirements: The application falls within the scope of the prescribed legal aid return (cases that need to be resolved through litigation or arbitration procedures should have already been filed); There are sufficient grounds to prove that legal aid is necessary to protect one's legitimate rights and interests; Unable or unable to pay for legal services due to financial difficulties; The domicile is in the city or holds a temporary residence permit in the city.

Where two or more legal aid centers have jurisdiction over the same case, the aid center that first accepts the application has jurisdiction.

Legal basisArticle 278: Where a juvenile criminal suspect or defendant 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. Article 293:In cases where people's courts try cases in absentia, the defendant has the right to retain a defender, and the defendant's close relatives may retain a defender on their behalf.

Where defendants and their close relatives have not retained a defender, the people's court shall notify the legal aid institution to appoint a lawyer to provide them with a defense.