Scope of free legal aid

1、 Is free legal aid really free

Citizens need agent If there is no entrusted agent due to economic difficulties, you can apply to a legal aid institution for legal aid:

（1） Legal request state compensation Of;

（2） Request for social insurance Treatment or minimum living security treatment;

（3） Request to Pension Relief funds;

（4） Claim payment Alimony 、 Alimony 、 support Fee;

（5） Request for payment of labor remuneration;

（6） Advocating civil rights and interests arising from acts of valor for righteousness. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may make supplementary provisions on legal aid matters other than those mentioned in the preceding paragraph.

2、 Scope of free legal aid

According to the People's Republic of China Legal Aid Ordinance 》According to the provisions of Articles 10 and 11, citizens have the following matters and have no entrusted agent or counsel , can apply for legal aid or be designated by the people's court to defend:

1. Claim for state compensation according to law.

2. Requesting social insurance benefits or minimum living security benefits.

3. Requesting payment of pensions or relief funds.

4. Requesting the payment of alimony, upbringing or maintenance.

5. Requesting payment of labor remuneration.

6. Advocating civil rights and interests arising from acts of valor for righteousness.

7. Because malpractice 、 traffic accident 、 Industrial accident Resulting Personal injury compensation Cases.

8. Because Family Violence , abuse, bigamy, etc., requested by the victim divorce And personal injury compensation cases.

9、 Suspect After being questioned for the first time by the investigating organ or since the date of taking compulsory measures, he has not been hired due to economic difficulties lawyer Of.

10、 public prosecution The victim and his legal representatives or close relatives in the case have not entrusted agents ad litem due to economic difficulties since the date the case was transferred for examination and prosecution.

11、 case of private prosecution The private prosecutor and his legal representative have not entrusted agents ad litem due to economic difficulties since the case was accepted by the people's court.

12、 prosecution In the case of public prosecution in court, if the defendant has not entrusted a defender due to economic difficulties or other reasons, and the people's court designates a defender for the defendant, the legal aid institution shall provide legal aid.

13. If the defendant is blind, deaf, mute or a minor and has not entrusted a defender, or the defendant may be sentenced death penalty If there is no defender entrusted, when the people's court designates a defense for the defendant, the legal aid institution shall provide legal aid without having to review the defendant's economic situation.

3、 The legal aid center does not provide legal aid

1. Due to the applicant's Fault liability Civil cases caused by infringement on the legitimate rights and interests of others litigation Or criminal private prosecution cases.

2. Administrative litigation cases caused by the applicant's fault.

3. The applicant cannot provide relevant information about the case involved evidence And it is unable to investigate and collect evidence.

4. A matter that can be handled by an administrative agency without going through a legal process.

5. The case and legal procedure are simple, and it is usually unnecessary to hire legal service personnel to represent the case.

6. Cases where legal remedies have been exhausted.

7. The applicant fails to provide any certification materials or issues false certificates to defraud legal aid.

8. Other cases that have been approved by the competent authority and declared inadmissible by the Legal Aid Center.

The purpose of free legal aid is to help people who are unable to hire lawyers and help them to earn fair treatment in litigation. Legal aid is provided by the state for specific groups of people and is free of charge. However, the application for legal aid must comply with the regulations. Free legal aid is to help people in need. Therefore, people can apply for legal aid if they need it.