Traditional Culture Encyclopedia - Photography and portraiture - How does Hangzhou Legal Aid Center apply for a free lawyer?
How does Hangzhou Legal Aid Center apply for a free lawyer?
Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid lawyers to provide free legal services to the parties in financial difficulties or special cases. The conditions of legal aid can be divided into the following two situations:
1, general conditions. General conditions generally apply to China citizens, which means that China citizens who are unable to pay legal service fees due to economic difficulties or have sufficient reasons to prove that they need help to safeguard their legitimate rights and interests can apply for legal aid;
2. Special conditions. Special conditions mainly refer to the special circumstances that the defendant in a criminal case should have to obtain legal aid, mainly refers to the blind, deaf, dumb and other disabled people, the elderly, minors as criminal defendants or criminal suspects, and the defendant may be sentenced to death without entrusting a defense lawyer, so he should obtain legal aid.
Legal basis:
Legal aid regulations
Article 12 In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, and the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid.
If the defendant is blind, deaf, dumb or a minor without a defender, or if the defendant may be sentenced to death without a defender, when the people's court appoints a defender for the defendant, the legal aid institution shall provide legal aid without examining the defendant's financial situation.
Criminal Procedure Law of the People's Republic of China
Article 35 If a criminal suspect or defendant fails to appoint a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
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