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Legal aid is free of charge. Legal aid refers to a legal guarantee system in which lawyers established by legal aid institutions or non-governmental organizations organize legal aid in accordance with law to provide free legal services to parties in financial difficulties or special cases, especially in rural areas.
Article 35 of the Criminal Procedure Law.
Where criminal suspects or defendants have not retained a defender due to financial hardship or other reasons, 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 defend them.
Where a criminal suspect or defendant is a mentally ill person who is blind, deaf, or mute, or 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 designate a lawyer to defend them.
The suspect or defendant may be sentenced to life imprisonment or the death penalty. Where no defender has been retained, the people's courts, people's procuratorates, and public security organs shall notify the legal aid institution to appoint a lawyer to defend them.
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Legal Analysis: The lawyers assigned by the Legal Aid Center provide legal aid to clients or defendants free of charge.
Legal basis: Legal Aid Regulations
Article 10: Where citizens do not have a person to retain due to financial hardship for the following matters that need to be **, they may apply to a legal aid institution for legal aid:
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: 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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Legal aid features are as follows:
1. Legal aid is an act of the state or an act of the state, organized and implemented by a legal aid institution established by **;
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 those who have been designated by the people's court;
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 Aid Ordinance
Article 4: The judicial administrative departments are to oversee and manage legal aid efforts nationwide. The people's judicial administrative departments at the county level or above are to oversee and manage legal aid efforts in that administrative region. Annihilation of Lee.
The All China Lawyers Association and local lawyers associations shall follow the lawyers association's charter to assist in legal aid efforts carried out on the basis of these Regulations. Article 5: The people's ** judicial administrative departments of directly governed municipalities, districted cities, or county-level people's ** are to designate legal aid institutions for that administrative region as needed.
Legal aid institutions are responsible for accepting and reviewing applications for legal aid, and appointing or arranging for personnel to provide legal aid to citizens who meet the requirements of these Regulations. Article 28: Where lawyers have any of the following circumstances, the judicial administrative departments are to give warnings and order corrections; where the circumstances are serious, a penalty of suspension of practice for between 1 month and 3 months is given:
1) Refusing to accept or terminating a legal aid case without a legitimate reason;
2) Receiving property in handling legal aid cases.
Where there is illegal conduct in item (2) of the preceding paragraph, the judicial administrative departments are to order the return of unlawfully obtained property, and may also impose a fine of between 1 and 3 times the value of the property collected. Article 29: Where lawyers violate professional ethics or practice discipline in handling legal aid cases, they are to be punished in accordance with the provisions of the Lawyers Law.
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There is no fee for a legal aid lawyer. Where citizens lawfully request state compensation, social insurance benefits or minimum livelihood security benefits, or the payment of bereavement pensions or relief funds, and do not have a retainer due to financial hardship, they may apply for legal aid to a legal aid institution.
Article 2 of the Legal Aid Regulations: Citizens who meet the requirements of these Regulations may receive pro bono legal services such as legal advice, criminal defense, and so forth in accordance with these Regulations. Article 26 of the "Legal Aid Regulations" In any of the following circumstances, the directly responsible managers and other directly responsible personnel are to be given disciplinary sanctions in accordance with law: (1) Providing legal aid to persons who do not meet the requirements for legal aid, or refusing to provide legal aid to persons who meet the requirements for legal aid; (2) Handling legal aid cases and receiving property; (3) Engaging in paid legal services; (4) Embezzling, privately dividing, or misappropriating legal aid funds.
The judicial administrative departments are to order the return of property collected in the handling of legal aid cases; Unlawful gains from engaging in paid legal services are to be confiscated by the judicial administrative departments; Where legal aid funds are embezzled, privately divided, or misappropriated, the judicial administrative departments are to order them to be recovered, and where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.
Each district has its own judicial office, go to the judicial office where you are located.
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. >>>More
Article 10 of the Legal Aid Regulations stipulates the conditions for applying for legal aid: Citizens may apply to legal aid institutions for the following matters that require ** and do not have a person to be retained due to financial difficulties: >>>More
1. Call 12348 for free legal services**;
2. Go to the local legal aid center in person to apply for help (a written application and relevant materials are required); >>>More
1. Call 12348 for free legal services**;
2. Go to the local legal aid center in person to apply for help (a written application and relevant materials are required); >>>More