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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.
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Difficult, no money to entrust a lawyer.
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When it comes to legal aid, it is better to hire a lawyer.
You can apply for legal aid as much as possible.
Can Legal Aid Win a Case?
The question of whether the lawyer assigned by legal aid will win the lawsuit is a wrong question, because the court makes the final judgment based on the actual situation and the relevant legal provisions, and it is not the lawyer who decides the outcome of the lawsuit. In addition, there is no comparison between the lawyer assigned by Legal Aid and the lawyer appointed by the lawyer, and it is impossible to compare who is better and who is worse. Finally, the judge's decision on the merits of the case is determined by the judge according to the circumstances of the case and the relevant legal provisions, and it is impossible for individuals to guess the judge's behavior.
Relevant basis: Legal aid refers to a legal guarantee system in which lawyers organized by legal aid institutions established by ** provide legal services free of charge to persons in financial difficulties or special cases.
Special cases refer to cases where the defendant in a criminal case is blind, deaf, mute, or a minor who has not retained a defender, or where the defendant may be sentenced to death but has not retained a defender, shall receive legal aid in accordance with article 34 of the Criminal Procedure Law of the People's Republic of China.
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There is no difference between legal aid and a fee-based lawyer, and there is a difference between the lawyer's ability, professional knowledge, responsible mentality, and knowing how to make the evidence solid and complete, and only such a lawyer can avenge your grievances.
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Legal Analysis: Yes. Legal aid refers to a legal guarantee system in which lawyers who organize legal aid organized by the legal aid agency established by ** to provide legal services free of charge to people in financial difficulties or special cases. There is no fee to apply for legal aid.
Legal basis: "Lawyers Law of the People's Republic of China" Article 42: Lawyers and law firms shall perform legal aid obligations in accordance with state provisions, providing legal services that meet the standards for accompanying aid recipients, and preserving the lawful rights and interests of aid recipients.
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Yes. Referring to article 35 of the "Criminal Procedure Law of the People's Republic of China", 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 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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Yes. The court makes the final judgment based on the actual situation and relevant legal provisions, and it is not up to the lawyer to decide whether the lawsuit will be won or lost. In addition, there is no comparison between the lawyer assigned by legal aid and the lawyer retained, and it is impossible to compare who is better and who is worse.
In the end, the judge will decide on the case according to the circumstances of the case and the relevant legal provisions, and it is impossible for individuals to guess the judge's behavior.
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Legal aid centers are legal aid provided by the state free of charge to vulnerable groups who cannot afford to fight lawsuits or hire lawyers, and in accordance with regulations, aid lawyers shall perform their duties and fight for the rights and interests of their clients. However, objectively speaking, most of the legal aid lawyers are assigned to complete the work tasks, and there is indeed a certain difference between the efforts to collect evidence, ** or the defense** and the fees, which does not rule out the problem that some lawyers treat negatively.
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Yes, but you can't ask him to justify what you don't understand. Legal aid has a complete set of mechanisms, with task requirements for each legal worker, as well as corresponding evaluation mechanisms.
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Legal Analysis: After a client's application for legal aid is approved, the Legal Aid Center will appoint a lawyer to assist in the litigation. Although legal aid is free of charge, lawyers should be conscientious and provide quality legal services to their clients.
If a lawyer commits a violation, he or she will be held legally responsible.
Legal basis: "Legal Aid Regulations" Article 11 In any of the following circumstances in criminal proceedings, citizens may apply to legal aid institutions for legal aid:
1. A suspect who has committed the crime of teasement has not hired a lawyer due to financial hardship after being interrogated by the investigating organ for the first time or from the date on which compulsory measures are taken;
2) Victims and their legally-designated persons or close relatives in a case of public smuffling 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 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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No, it's free. 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.
Legal basis: Article 35 of the Criminal Procedure Law of the People's Republic of China Where the defendant in a criminal case is blind, deaf, mute, or has not yet retained a defender, or where the defendant may be sentenced to death and has not retained a defender, legal aid shall be obtained.
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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. Special cases refer to cases where, in accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China, the criminal suspect or defendant is blind, deaf, or mute, or is a mentally ill person who has not yet been sentenced to have 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 there is no defender to appoint, 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.
Legal basisLawyers Law of the People's Republic of China
Article 42.
Lawyers and law firms shall perform legal aid obligations in accordance with state provisions, provide legal services that meet the standards for aid recipients, and preserve the lawful rights and interests of aid recipients.
Where a party raises an application for retrial, it may be submitted to the original trial court or to a higher court. When a party applies for a retrial, it shall submit a written application to the court and provide a copy of the application according to the number of opposing parties. The application shall clearly state the number of the original trial court and its judgment or ruling, as well as the reasons, basis, and content of the application for retrial.
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