"Two High Level and Two Ministries" Jointly Issued Measures for the Implementation of the Law on Legal Aid
Time: January 9, 2024 Author: Yan Jingjing Source: Procuratorial Daily News
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Our newspaper in Beijing, January 8, by wire (reporter Yan Jingjing) Recently, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Measures for the Implementation of the Law on Legal Aid (hereinafter referred to as the Measures) to further strengthen the cooperation and cooperation of courts, procuratorates, public security organs and judicial administrative organs in the handling of legal aid cases, and earnestly safeguard the legitimate rights and interests of recipients.

In order to better implement the Law of the People's Republic of China on Legal Aid, ensure that the parties receive legal aid according to law, and facilitate the work of legal aid personnel, the Measures further clarify the division of responsibilities of courts, procuratorates, public security organs, and judicial administrative organs, improve the coordination mechanism, and strengthen work cohesion, It provides a system guarantee for the standardized, orderly and efficient handling of legal aid cases.

There are 30 articles in the Measures, which mainly include: First, refining the responsibilities of each department. Clarify the work responsibilities of courts, procuratorates, public security organs and supervision places in handling legal aid cases, and refine the responsibilities of judicial administrative organs and legal aid institutions. Second, deepen cooperation in all links. In the process of handling legal aid cases, the courts, procuratorates, public security organs and supervision places should perform their legal duties, inform the relevant parties of their right to apply for legal aid according to law, transfer legal aid applications to legal aid institutions, and provide relevant documents. Standardize the appointment and notification procedures of legal aid institutions, and make special provisions on the connection between legal aid and judicial assistance. The third is to optimize the guarantee of multiple measures. It is clarified that the court, procuratorate and public security organ shall timely inform legal aid institutions and legal aid personnel of important information such as changing the date of the hearing, compulsory measures or places of detention, and serve relevant legal documents within the statutory time limit to facilitate the legal aid personnel to meet, review files and understand the case, so as to ensure that legal aid personnel perform their duties according to law. Emphasize to strengthen informatization construction and ensure the effective development of legal aid. Fourth, strengthen all-round supervision. In the process of handling legal aid cases, the judicial administrative organs are required to supervise the quality of legal aid services in various ways, and the courts, procuratorates and public security organs should provide assistance and cooperation. In addition, it is clarified that the provisions of the Measures on public security organs shall apply to the handling of criminal cases by national security organs, military security departments, China Maritime Police Bureau and prisons.

[Editor in charge: Zhang Zixuan, Shi Jia, Zhu Ling]
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