What are the provisions of legal aid in criminal proceedings?

I criminal procedure law Legal aid provisions

（1） Provisions on Applying for Legal Aid Due to Economic Difficulties or Other Reasons

1. The scope of application of this paragraph is Suspect The defendant did not entrust due to economic difficulties or other reasons counsel The situation of. That is to say, the criminal suspect and the defendant cannot afford to be invited due to economic reasons lawyer , or for other reasons other than economic difficulties, such as no one to act as a defender for him, so he did not entrust a defender. This provision reflects the state's legal aid for people in financial difficulties. Any defendant has the right to entrust a defender, and this right should not be abandoned because of his poverty. It should be noted that those who can entrust the defender to give up this right automatically do not fall within the scope of legal aid provided in this paragraph.

2. The subject of applying for legal aid under this paragraph is "myself and his close relatives". The "person" as defined herein refers to the criminal suspect or defendant who has not entrusted a defender due to economic difficulties or other reasons. "Close relatives", in accordance with the provisions of Item 6 of Article 106 of this Law, refer to the husband, wife, father, mother, son, daughter, and siblings of the criminal suspect or defendant.

3. The institutions for accepting and examining applications for legal aid as specified in this paragraph are legal aid institutions, that is, institutions designated by the judicial administration departments of municipalities directly under the Central Government, cities divided into districts or the people's governments at the county level according to needs, which are responsible for accepting and examining applications for legal aid, and assigning or arranging personnel to provide legal aid to citizens who meet the conditions for legal aid.

4. If the conditions for legal aid are met, the legal aid institution shall assign lawyers to provide defense. According to this provision, if a criminal suspect, defendant and their close relatives submit an application to a legal aid institution in accordance with this paragraph, the legal aid institution shall accept and review the application. If they meet the requirements of legal aid, they shall assign lawyers to defend them. This is the legal obligation of legal aid institutions.

（2） Provisions on Legal Aid to Disabled and Vulnerable Groups in Criminal Proceedings

The provisions of this paragraph are applicable to public prosecution Case, also applicable to case of private prosecution 。 Among them, "blindness" refers to blindness in both eyes and "deafness" refers to deafness in both ears. "A mental patient who has not completely lost the ability to recognize or control his own behavior", according to criminal law Article 18 stipulates that those who commit crimes shall bear criminal responsibility, but may be given a lighter or mitigated punishment. The provision of legal aid for the above-mentioned criminal suspects and defendants is mainly based on the fact that if the criminal suspects and defendants are blind, deaf, dumb or mentally ill who have not completely lost the ability to recognize or control their own behavior, their physical defects may cause legal knowledge The lack of and deviation from the understanding of external things evidence There are obstacles in the identification of and even in the defense, so there should be defense lawyers to safeguard his legitimate rights.

The provisions of this paragraph apply to the stages of investigation, review, prosecution and trial. The subjects of obligations include the people's courts, the people's procuratorates, public security organs and legal aid institutions. If a criminal suspect or defendant is blind, deaf, mute or a mentally ill person who has not completely lost the ability to recognize or control his own behavior, and has not entrusted a defender, the public security organ, the People's Procuratorate and the People's Court shall all notify legal aid institutions during the investigation, review, prosecution and trial stages, and the legal aid institutions shall appoint lawyers to defend him.

（3） In criminal proceedings, the parties are either indefinite or death penalty Provisions on legal aid

The death penalty is punishment Our country has always advocated that the application of death penalty should be cautious, because once the sentence is executed, even if mistakes are found, it is difficult to recover. Life imprisonment is also a heavy punishment, which will deprive criminals of personal freedom for a long time. So in criminal action In the process, we must ensure that these suspects and defendants fully exercise their right to defense. This is a special protection of the defense right of serious criminals, and also reflects the principle of gradual progress based on the current national conditions. The term "may be sentenced to death" here includes the possibility of being sentenced to death Immediate execution , including the possibility of being sentenced Death penalty with a reprieve 。

It should be pointed out that what is stipulated here is "possible" to be sentenced to life imprisonment or death penalty, which is a possible judgment, not a final conclusion, made by the people's court, the people's procuratorate and the public security organ based on the facts and evidence of the case. If, in the course of criminal proceedings, it is discovered that a criminal suspect or defendant may be sentenced to life imprisonment or death depending on the circumstances of the case, and no defender is entrusted, legal aid shall be immediately provided to the criminal suspect or defendant in accordance with the provisions of this paragraph. The provisions of this paragraph apply to the stages of investigation, review, prosecution and trial. The subjects of obligations include the people's courts, the people's procuratorates, public security organs and legal aid institutions. If a criminal suspect or defendant may be sentenced to life imprisonment or death and no defender is entrusted, the public security organ, the People's Procuratorate and the People's Court shall all notify legal aid institutions during the investigation, review, prosecution and trial stages, and the legal aid institutions shall appoint lawyers to defend him.

The appeal explained the provisions of legal aid in criminal proceedings under three circumstances, namely, there were major crimes, the trial result was indefinite and the death penalty, the party was a disabled vulnerable group, and the lawyer could not be employed due to economic conditions. The state has relevant laws statute To protect the rights and interests of everyone. If you have questions about criminal proceedings or other cases, please pass Nomogram Platform for consultation.