Dalian City Legal Aid Approaches

Original Language Title: 大连市法律援助办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(September 14, 2005, Dalian City people's Government at the 39th Executive meeting on September 14, 2005, Dalian City people's Government promulgated as of November 1, 2005, 73rd), first in order to protect citizens in financial difficulties to obtain the necessary legal services, standardize and promote legal aid work, according to the State Department to the legal aid Ordinance and implementing way of the Liaoning province, legal aid, based on actual city, these measures are formulated.
    Article in line with the citizens as provided herein, in accordance with the access to legal aid assigned or arrangements on legal aid provides legal consulting, drafting, free legal services and agents, criminal defense.
    Legal aid mentioned in these measures refers to municipal and County (City) district people's Government approved the establishment of the specialized, legal aid.
    Legal aid personnel mentioned in these measures refers to the legal aid agencies assigned or arrangements to undertake legal aid the legal aid agency staff, lawyers, grassroots legal service workers and legal assistance volunteers.
    Article city and County (City) District judicial administrative departments are responsible for the supervision and administration of legal aid work in the administrative area.
    Should be in accordance with the statutes of the Bar Association of the City Bar Association according to the implementation of the measures for legal aid assistance.
    Fourth municipalities and counties (cities) and districts shall, in accordance with national and provincial regulations, establishment of a legal aid agency, legal aid funds into the budget, legal aid is coordinated with the level of economic development and social security.
    Legal aid funding should be earmarked shall intercept or misappropriate any sector.
    Fifth legal aid authority responsible for review, receive civil legal aid applications, assigning or arranging legal aid provides legal assistance, operational guidance and legal aid personnel.
    Legal aid can be absorbed in higher educational institutions and other social organizations with legal expertise, volunteer legal aid legal aid volunteer team composed of persons involved in legal aid work. Sixth encourages social support and funding legal aid.
    Legal aid personnel in undertaking legal aid matters need to consult or obtain, copies relevant information and the law of evidence, relevant units and individuals shall provide assistance and reduce or waive fees.
    Unit and individual contributions to the legal aid service, in line with State regulations, allowing tax deduction.
    Article seventh made outstanding contribution to legal aid organizations and individuals by the judicial administration department granting commendations and awards.
    VIII article citizens for economic difficult no delegate agent, and can provides corresponding evidence material of, can on following matters to legal assistance institutions application legal assistance: (a) Law requests national compensation of; (ii) requests give social security treatment or urban and rural residents minimum life guarantees of; (three) requests to pension, and temporary benefits, and survivors allowance of; (four) requests payment maintenance, and raised fee, and dependency fee of; (five) requests paid labor paid of;
    (Six) advocates for heroic behavior produced of civil interests of; (seven) requests give injury treatment of; (eight) advocates for pollution, and public health, and safety produced of civil interests of; (nine) disabled (containing retired disability soldiers), and elderly, and minor people requests personal damage compensation of; (ten) and citizens basic survival conditions is closely related to of, and legal assistance institutions think does needed provides legal assistance of other matters.
    Nineth article application legal assistance of citizens meet following conditions one of of, should was finds for economic difficult: (a) enjoy urban and rural residents minimum life guarantees of; (ii) victims accept life relief of; (three) residence to or often live to subdistrict offices, and Xiang (town) Government proved its family life does difficult of; (four) by legal assistance institutions review does unable to paid costs of.
    Street or township (town) the certificate issued by the people's Governments, and shall truthfully stated the applicant family, work, employment status, family property, months (years) source, and per capita net income and his eventful life and community residents and villagers committees on details such as whether their economic difficulties. Tenth Article criminal in the has following case one of of, citizens can to legal assistance institutions application legal assistance: (a) crime suspects in was investigation organ first times interrogation Hou or take forced measures of day up, for economic difficult no hired lawyer of; (ii) prosecution case in the of victims and statutory agent or near relatives, since case transferred review prosecution of day up, for economic difficult no delegate agent of; (three) private prosecution case of private prosecution people and statutory agent, since case was Court accepted of day up
    Because of economic difficulties has not appointed an agent ad litem.
    11th public prosecutor public prosecution in court cases because of financial difficulties or other reasons does not entrust the defendant, Court as a defendant the defense, legal aid institutions should be provided with legal aid.
    The defendant is blind, deaf and dumb persons or minors does not entrust or defendant may be sentenced to the death penalty, does not entrust, Court as a defendant the defense, legal aid legal aid should be provided without the defendant is means-tested.
    12th article eighth of a citizen of this approach (I) to (vi) provision of applications for legal aid, to the organ location or domicile of the obligors legal aid body to apply.
    Citizens approach the eighth paragraph (g) to (j) provision of applications for legal aid, to the location of the application process apply to the legal aid institutions at the same level without dealing with organ or organs could not be determined for the time being, applying to the applicant has his domicile or place of County (City) area legal aid agencies to apply. The 13th citizens ' applications for legal aid in criminal proceedings, to the place where the Court has jurisdiction over the body to apply for legal aid at the same level.
    Application for criminal suspects in custody within 24 hours by the detention center referred to the legal aid agencies, application for legal aid submitted the required documents, prove that material in the detention center informed the applicant's legal representatives or near relatives to help provide.
    The 14th article of the same legal aid matters, two or more has the right to receive legal aid institutions, applicants can apply to any of these legal aid authority; the applicant to legal aid applications submitted by two or more legal aid agencies, legal aid agencies to accept the first receives the application.
    Applications have a major influence in the city, can be accepted or directly by the municipal legal aid agencies, and County (City) area legal aid institutions accepted.
    Due to acceptance of the application when there is a dispute between the legal aid agencies, specified by the judicial administration department at a higher level of common accepted.
    15th civil legal aid the applicant shall submit the following materials: (a) identity card or any other valid proof of identity, the agent should also submit a proxy certificate; (b) in accordance with the economic difficulties proved as provided herein, (iii) materials relating to matters for which legal aid.
    16th received legal assistance from legal aid applications, the review should be carried out; the applicant's documents, the evidence is not complete and may require the applicant to make the necessary additions or notes, failure to provide additional information or description of the applicant, considered to withdraw its application; certificates, certification of the applicant's materials need to be verified, verified by the legal aid agencies to the relevant authorities, units.
    To satisfy the conditions of legal aid institution shall, from the date of receipt of the application within the 3rd decision provides legal aid does not meet the conditions of legal assistance, should be justified in this period, notify the applicant in writing.
    17th article applicants on legal assistance institutions made of not meet legal assistance conditions of notification has objections of, can to determine the legal assistance institutions of judicial administrative sector proposed, judicial administrative sector should in received objections of day up 5 a days within for review, by review think applicants meet legal assistance conditions of, should to written form ordered legal assistance institutions timely on the applicants provides legal assistance.
    18th legal assistance body responsible for reviewing and accepting an application for legal aid staff legal aid the applicant's close relatives have a stake in or with the application, he shall withdraw.
    Review and accept an application for legal aid staff members to withdraw, by himself or the applicant, legal aid agencies decided withdrawal of the head of the legal aid by competent judicial administrative departments.
    19th defense of specified by the people's court case, notice of court trial 10th the defence and the indictment copies or send a copy of the judgement of its local legal aid institutions; Court occurs not in the trial, designated defense notice and indictments can be copies or send a copy of the judgement the trial legal aid agency.
    20th legal aid agency has decided to provide legal assistance, shall decide within 3rd day of assignment or arrangement provides legal assistance to legal aid.
    Court appointed defense cases, legal aid institutions should determine Court 3rd staff as the host response is designated by the people's Court.
    21st or arrange for legal aid legal aid personnel are assigned cases to the relevant authorities, submitting legal aid agencies to make legal aid instruments; and provide the recipient keep the secret; shall not be refused without good reason, delay or terminate handling legal aid cases; shall not charge the recipients and their relatives, possessions or to gain other improper interests.
    22nd article in the process of implementation of the legal aid, recipients have the right to know the progress of matters for the provision of legal assistance; there is evidence that does not perform its duties of legal aid, the recipient may request legal aid agency to replace the legal aid staff, legal aid institution shall make a decision on whether to replace after the examination and verification.
    The 23rd recipient of the obligation to truthfully legal assistance matters with relevant, timely delivery of the relevant evidentiary material to assist legal aid workers investigating the facts of the case; in the matter and the beneficiaries of legal aid when the economic situation changes, recipient shall promptly inform the legal assistance or legal aid organizations.
    24th article handle legal assistance case of personnel met has following case one of of, should to legal assistance institutions report, legal assistance institutions by review verified of, terminated legal assistance: (a) recipient people of economic income status occurred changes, no longer meet legal assistance conditions of; (ii) case terminated trial or has was revoked of; (three) recipient people and itself delegate lawyer or other agent of; (four) recipient people provides false material of; (five) recipient people requirements terminated legal assistance of.
    25th article by consensus by the relevant legal aid agencies, accepts an application for legal aid legal aid agencies to all legal aid matters can be referred to legal aid or authorize other legal aid agencies to carry out partial legal aid matters.
    All legal assistance matters referred to the of, the legal assistance matters of right and obligations by accept referred to the of legal assistance institutions enjoys and bear, but handle results should told referred to the of legal assistance institutions; delegate part legal assistance matters of, by delegate of legal assistance institutions should according to Attorney requirements of time, and content timely completed delegate matters, and will handle results sent delegate of legal assistance institutions; cannot completed, and cannot timely completed or sent has difficult of, should timely told delegate of legal assistance institutions.
    Article 26th city legal aid under the legal aid needs of resource allocation, for this city's legal aid matters referred to the coordination, delegate.
    The 27th legal assistance after the end of the matter, legal aid personnel should be in accordance with the regulations to the legal aid agencies to submit the legal instrument relating to the copy or copies, as well as the final report and other materials. Legal aid agencies after receiving the material provided for in the preceding paragraph, shall, in the provision of legal aid to legal assistance in matters of payment of legal aid legal aid case subsidies.
    Subsidies in accordance with the Dalian City Bureau of Justice, financial Bureau, Dalian City, published by using the implementation of the measures for the administration of legal aid funding.
    28th legal aid institutions violating these rules, refused to receive civil legal aid application or fail to meet the legal aid obligations after accepting, the judicial administrative departments shall be ordered to correct, and the charge and the other persons directly responsible shall be given administrative sanctions.
                                    29th these measures shall come into force on November 1, 2005.