Legal aid personnel refer to full-time staff of legal aid institutions and lawyers, notaries, judicial experts, grassroots legal service workers and legal aid volunteers assigned or arranged by legal aid institutions to undertake legal aid matters. Article 3 Legal aid is the responsibility of the government. The municipal and district people's governments shall incorporate legal aid into the national economic and social development plan, establish and improve the legal aid service system, strengthen the construction of legal aid teams, and guarantee the funds for legal aid work.
The municipal and district people's governments shall set up special funds for legal aid according to law. The special funds for legal aid shall be managed by the judicial administrative department in a unified way, earmarked for special purposes, and subject to the supervision of the financial and auditing departments. Measures for the use and management of special funds for legal aid shall be formulated separately by the municipal judicial administrative department in conjunction with the municipal finance department. Article 4 The municipal and district judicial administrative departments shall supervise and manage the legal aid work within their respective administrative areas.
Under the leadership of the judicial administrative department at the same level, the municipal and district legal aid institutions shall be specifically responsible for the organization and implementation of legal aid work within their respective administrative areas.
Law firms, notarization institutions, judicial authentication institutions, grassroots legal service offices and their legal service personnel shall perform their legal aid obligations according to law.
City Lawyers Association shall assist legal aid institutions to carry out legal aid work, support lawyers to handle legal aid cases according to law, and safeguard the legitimate rights and interests of lawyers in carrying out legal aid work. Fifth to encourage and support units and individuals to provide free legal services to citizens with financial difficulties, and to donate to legal aid activities.
The city shall establish a legal aid foundation according to law. The Municipal Legal Aid Foundation shall carry out activities according to law, accept donations from units and individuals, disclose the use of the fund to the public every year, and accept the supervision of relevant departments and society. The legal aid fund shall be used for legal aid matters. Article 6 The municipal and district people's governments or the judicial administrative departments shall reward the units and individuals that have made outstanding contributions in legal aid work. Article 7 The undertaking of legal aid affairs shall be based on facts, take the law as the criterion, and abide by professional ethics and practice discipline. Article 8 Citizens who meet the following conditions may apply for legal aid:
(a) matters applying for legal aid are under the jurisdiction of legal aid institutions within the administrative area of this Municipality;
(2) Economic difficulties. Article 9 The standard of citizens' financial difficulties shall be determined according to the fact that the per capita monthly income of a family does not exceed 65,438+0.5 times of the minimum living standard stipulated by the Municipal People's Government.
For those who claim civil rights and interests due to domestic violence, abuse or abandonment and apply for legal aid, the standard of their financial difficulties can be determined according to the fact that the applicant's personal monthly income does not exceed 1.5 times of the minimum living standard stipulated by the Municipal People's Government. Article 10 Citizens who meet the conditions stipulated in Articles 8 and 9 of these Regulations may apply for legal aid for the following matters:
(1) Requesting state compensation according to law;
(2) Requesting to pay alimony, alimony and alimony;
(3) Requesting pensions, relief funds and minimum living allowances;
(four) minors, the elderly, women and the disabled to pursue tort compensation;
(5) claiming rights due to labor disputes;
(six) to claim the civil rights and interests arising from the implementation of courageous acts or the protection of social public interests;
(seven) other matters that really need legal aid. Eleventh matters that citizens apply for legal aid are litigation matters, which should meet the acceptance conditions of the people's court and belong to the jurisdiction of the people's court of this Municipality; An appeal case shall be filed by a people's procuratorate or a people's court. Article 12 In criminal proceedings, citizens may apply for legal aid from legal aid institutions under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties. Article 13 Legal aid institutions shall provide legal aid in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC) and the Regulations on Legal Aid in cases where public security organs, people's procuratorates and people's courts inform them to provide defense for criminal suspects and defendants, and in cases where people's courts inform them to provide representation for defendants and defendants in compulsory medical cases. Fourteenth legal aid includes the following forms:
(a) legal advice, drafting legal documents;
(two) civil and administrative litigation agency and labor and personnel dispute arbitration agency;
(3) criminal defense and criminal agency;
(4) Non-litigation agent;
(5) assistance in notarization and judicial expertise;
(six) other forms of legal services stipulated by the state and the province.