Handling legal aid cases procedure
(April 9, 2012 to 124th released since the Ministry of Justice as of July 1, 2012) Chapter I General provisions
First in order to regulate the handling legal aid cases, and ensure the quality of legal aid, under the People's Republic of China Law on criminal procedure, the legal aid Ordinance and other relevant provisions of laws and administrative regulations, this provision is enacted.
A second legal aid agencies, law firms, legal services, other social organizations and legal aid personnel handling legal aid cases, these provisions shall apply.
Article legal assistance agencies shall establish a sound work mechanism to facilitate the citizens ' access to legal assistance.
Fourth legal aid personnel should be in accordance with the laws, regulations and these regulations, comply with the relevant legal services regulations, for the recipient to provide high quality and efficient legal services.
Article fifth legal aid personnel should be conservative in handling legal aid cases, aware of State secrets, business secrets and shall not disclose the party's privacy.
Article sixth legal aid personnel handling legal aid cases, should abide by the professional ethics and practice discipline, and consciously accept the supervision.
Chapter II admissibility
Office address, seventh legal aid institutions should be public communication and other information, reception sites and administration of Justice announcement on the Web site of the Government legal aid conditions, procedures, application materials catalog and sample text.
Article citizens due to financial hardship matters article tenth of the legal aid Ordinance to apply for legal aid, and by obligations, obligations, where one residence or domicile of the applicant legal aid institutions accepted.
The 11th article of the legal aid Ordinance provides that citizens of denied applications for criminal legal aid, and by the people's courts in handling cases, people's procuratorates and the public security organ local legal aid agencies to accept.
Applicant in respect of the same matters apply to the more than two legal aid institutions, legal aid agencies to accept the first receives the application.
Article citizens apply for agent, criminal defense legal aid shall submit the following application materials: (A) the legal aid application form.
Fill in the application form is difficult, legal aid staff or referred to the organ or entity on behalf of the staff of the application filled in;
(B) ID card or other valid proof of identity, proof of application agents should also be submitted to the Agency;
(C) proof of financial situation of legal aid applicants;
(D) with respect to matters for which legal aid cases. Proof of financial status of legal aid applicants should be determined by local legal aid regulations, regulations of the organs or entities entitled to proof of economic hardship by seal.
No relevant provisions, by the applicant has his domicile or habitual residence of villagers ' committees and residents ' Committee or the unit to which the stamp.
Article holds the following certificates and evidence of the applicant, no need to submit proof of financial situation of legal aid applicants:
(A) the subsistence allowances for urban residents card or subsistence allowances for rural residents permits;
(B) rural SHC assistance cards;
(C) rural "five guarantees" support card;
(D) the decision of the people's Court shall give the applicant access to justice;
(E) funded by the Government in the social welfare institutions provide for or funded by charity to provide supporting documents;
(F) the disability card and the applicant has his domicile or habitual residence of villagers ' committees and residents ' Committee proof of no fixed source of material;
(VII) rely on the Government or evidence of payment of pensions life;
(H) the causes appear temporary difficulties due to natural disasters, are now receiving interim relief of the supporting documents;
(I) the laws, regulations and the provinces, autonomous regions and municipalities directly under the people's Governments of other economic difficulties can prove that the applicant for legal aid certificates, certification materials.
11th criminal suspects, defendants, inmates in custody, reeducation-through-labor, compulsory isolation rehabilitation personnel applying for legal aid, you can handle the case where the people's courts, people's procuratorates and the public security organ or prisons, pretrial detention centres, compulsory isolation rehabilitation, reeducation through labor management referred to applies.
Article 12th after accepting an application for legal aid legal aid authority, shall be in written form to the applicant receives the application materials, containing material name, quantity, date of receipt of the application.
Chapter III examines
13th legal aid shall, within 7 working days from the date of acceptance of the application for review, and make a decision on whether to grant legal aid belonging to the circumstances prescribed in the provisions of article 14th, may extend the review period. Legal aid agencies following a review of the applicant's application materials are incomplete or unclear, and should be given notice of supplementary materials or require the applicant to make a note. The time required for additional information, an explanation of the applicant are not included in the review period.
Without the required supplementary materials or make a note of the applicant, as a withdrawal.
Article 14th legal aid agency needs to verify the applicant's application materials shall be made to the relevant bodies, investigation and verification.
Accepting applications for legal aid agencies need to request foreign legal aid institutions to assist verification, shall be handled in accordance with the provisions of article 28th.
15th legal aid upon review, for any of the following circumstances shall be recognized the applicant financial hardship:
(A) the applicants and their family members to live together legal aid per capita income of local regulations or economic difficulties under the people's Governments of provinces, autonomous regions and municipalities standard;
(B) application by the other party is the family members living together with the applicant, the applicant's personal incomes in line with local regulations on legal aid, or provinces, autonomous regions, and municipalities under standards of economic difficulties;
(C) applicants with the provisions of article tenth certificates, certification materials applied for legal aid, legal aid agencies subject to review is that real and effective.
Legal aid review 16th, to satisfy the condition of, it should be decided to grant legal aid, and provide legal assistance in making decisions; do not satisfy the conditions of, should decide not to grant legal aid, and made no decision on legal aid.
No no award of legal aid legal aid decision shall set forth the reasons and the applicant the right to raise objections.
Article 17th legal aid decision and not to the legal aid decision shall send the applicant belonging to the circumstances prescribed in the provisions of article 11th, legal aid agencies should also write about the people's courts, people's procuratorates and the public security organs and the management of the prisons, pretrial detention centres, re-education through labour, forced isolation, addiction treatment centres.
18th article tenth of the applications in accordance with the legal aid Ordinance, the 11th article, and has one of the following circumstances, the legal aid Department may decide to provide legal assistance:
(A) less than 7th from statutes of limitations expired, the need for timely filed a lawsuit or arbitration, administrative reconsideration;
(B) the need to immediately apply for property preservation, the preservation of evidence or execution;
(C) emergency or other special circumstances. Provision of legal aid, recipients should be in legal aid agencies to pay within the time limit fixed by the provision of application materials.
Legal aid agencies subject to review is that the recipient does not meet the criteria of financial hardship, legal assistance shall be terminated and shall be handled in accordance with the second paragraph of this article 33rd.
19th no legal aid for legal aid the applicant disagrees with the decision, to the judicial administrative organs in charge of the legal aid agencies.
Judicial administrative organs upon examination that the applicant meets the conditions for legal aid, shall order in writing legal aid agency that provides legal assistance to applicants in a timely manner, at the same time inform the applicant in writing; that the applicant does not satisfy the conditions of, and no decision on legal aid legal aid institutions should be maintained, inform the applicant in writing and state the reasons.
The fourth chapter hosted
20th for legal aid in civil and administrative cases, legal aid shall be made within 7 working days from the date of the decision on legal aid assigned law firm, grassroots legal service, other social organizations arranging their own personnel to undertake, or arrangements of the Agency's staff to undertake.
For criminal legal aid cases, legal aid shall be granted legal aid decision or receive a specified assignment within 3 working days from the date of the notice of the defence lawyers law firm arrangements or arrangements for the institution of legal aid lawyers.
21st legal aid agencies should be according to the agencies, law firms, other social organizations, grass-roots legal services staff, qualifications, expertise, to undertake legal aid cases, recipient wishes of the reasonable assignment or arrangement of contractors, personnel.
Legal aid agencies, law firms should be assigned or arrangement has a certain number of years experience of practicing criminal defense lawyers in death penalty cases of defenders.
22nd legal aid agencies, law firms, grass-roots legal services or other social organizations shall be assigned or scheduled within 5 working days from the date of legal aid legal aid staff names and contact information to inform the beneficiaries and beneficiaries or their legal representatives or near relatives signed agency agreement, but due to the recipient except as reasons for failing to sign.
Article 23rd within legal aid personnel should be delegated authority, by means of conciliation, mediation, arbitration and proceedings, including maximum maintenance recipients according to law the legitimate rights and interests.
Acting recipients of legal aid personnel to reconciliation or mediation to resolve disputes, should ask the consent of the recipient. Article 24th of legal aid institutions for citizens applying for legal advisory services, should answer questions; complex problems can be handled and the applicant is given an appointment time.
Answer legal consultation process that the applicant meets the conditions for agents or criminal defense legal aid shall inform it can apply according to law.
25th for civil legal aid cases, legal aid personnel should inform the recipient may apply to the people's Court of Justice, and to provide assistance.
Article 26th staff met with the beneficiaries of legal aid, it shall make the meeting transcript. Meeting record shall be signed by the recipient after confirmation or fingerprinted; recipients without reading, record shall be read out to the beneficiaries of legal aid personnel, record and upload it. For designated defense cases, legal aid personnel should be in when you first meet with criminal suspects and defendants, ask if OK to defend him, and documented.
Criminal suspects and defendants do not agree, it shall notify the people's courts, people's procuratorates and the public security organs and legal aid agencies.
27th caseload of legal aid personnel, should be driven by needs for investigation in accordance with law, and may need to request legal aid agencies to provide the necessary supporting documents or to coordinate with the relevant authorities, units. 28th legal aid workers is that need off-site investigation, or can be assigned to make arrangements for legal aid agencies reported.
Makes the assignment or arrangement may request legal aid legal aid agencies, where the matter of investigation and evidence collection. Collaboration requests for mutual legal assistance agencies, requests for legal assistance shall be issued letter of collaboration, describes basic circumstances of the case, matters requiring investigation and evidence collection, processing time, etc. Requesting legal aid agencies should be collaborative.
For objective reasons cannot collaborate should be reasons to request legal aid institutions for collaboration in writing.
Article 29th for the court hearing of the criminal case, legal aid personnel should be prepared before the hearing; full representation, cross-examination in the trial; after the end of the trial, criminal defence legal aid personnel should be submitted to the people's Court or agency in writing. Court decided not hearing the defence case, legal aid staff shall receive legal aid agency to assign functions within 10th of criminal defence submitted to the Court in writing.
For other hearing criminal cases, legal aid personnel should be submitted in accordance with the deadline set by the people's Court Criminal Defense or agents in writing.
Article 30th personnel should be to inform the recipient of legal aid cases handled, respond to recipient queries, and inform the production record.
31st legal aid personnel should be in accordance with the legal aid organizations asked to report cases to take.
Legal aid cases in any of the following circumstances, legal aid staff shall report to the legal aid institutions:
(A) the main aspects of evidence and applicable law are major doubts;
(B) involving mass events;
(C) have a significant social impact;
(Iv) other complex and difficult situations.
Article 32nd recipient had evidence that legal aid does not perform its obligations, may request legal aid authority replacing legal aid personnel. Legal aid agencies from the recipient within 5 working days from the date of application for replacement decides whether to replace. Decided to replace the Panel shall be assigned to staff or contractors.
The criminal suspect or the defendant shall appoint a defence situation, people's courts, people's procuratorates and the public security organs to decide for which you specify Defender, legal aid organizations shall be assigned to staff or contractors.
Replacement of legal aid personnel, the original unit of legal aid personnel should trust agency agreements with recipients to lift or change, the original legal aid staff and replacement of legal aid officers handling procedures for the transfer of materials.
33rd under any of the following circumstances, legal aid shall be terminated:
(A) the recipient no longer satisfy the standards of economic difficulties;
(B) cases terminated in accordance with law or has been revoked;
(C) the recipient entrust other agent or defender;
(D) the recipient may require termination of legal aid;
(E) beneficiaries of legal aid to engage in illegal activities;
(F) the recipient deliberately concealing important facts or providing false evidence related to the case;
(VII) other circumstances as stipulated by laws and regulations shall be terminated. Any of the above circumstances, it shall report to the legal aid legal aid personnel. Upon examination and verification of legal aid agencies, decided to terminate the legal aid shall make a written decision on the termination of legal aid, and send the recipients and inform legal aid units and associated organs and entities.
Unit should be the recipient of legal aid personnel lifting of the agency agreement.
The recipient disagrees with the Agency's decision to end the legal aid legal aid, it shall be handled in accordance with the provisions of article 19th.
Article 34th legal aid personnel should be since the date of legal aid case filing materials submitted to the legal aid agencies in the 30th. Lawsuit with legal aid workers received the judgment and order book, date of conciliation as the closing date. Arbitration cases or administrative reconsideration cases legal aid personnel received an arbitration award, administrative reconsideration decision date of the original or copies of the book for the closing day; other non-litigation legal services to beneficiaries and the other party reach a reconciliation and mediation as the closing date of the date of the agreement; non-relevant instruments, with duty person begins to fulfil its obligations as the closing date.
Termination of legal aid legal aid, legal aid legal aid officers received termination letters the date for closing day. 35th article submitted by legal aid shall receive legal aid staff review said after filing documents in the 30th.
For filing materials, should be adopted in accordance with the provisions of legal aid officers handling a subsidy paid to it.
Article 36th makes the assignment of legal aid shall be submitted by the legal aid workers filing materials and acceptance, examination, assignment of finishing materials such as, case volume, unified archiving and management.
The fifth chapter by-laws
37th article, law firms, legal aid institutions, grass-roots legal service legal assistance and legal aid personnel engaged in activities in violation of the provisions, in accordance with the People's Republic of China Law on lawyers, the legal aid Ordinance, the lawyers and law firms in violation penalties, such as laws, rules and regulations shall be investigated for legal responsibility.
Article 38th document format developed by the Department of Justice for legal aid. 39th article of the regulations come into force on July 1, 2012.