Hunan Yue Lin law firm has weak legal aid center for weak criminal legal aid cases handling procedures

         Hunan Yue Lin law firm has weak legal aid center
   Cause weak criminal legal aid cases handling procedures

                  (Draft)

 

    Article 1  Hunan Yue Lin law firm to aid vulnerable groups, correction of miscarriages of justice, promote the rule of law progress, set up in Hunan Yue Lin law firm has weak legal aid center (hereinafter referred to as "weak legal aid center."). The center line of Hunan Yue Lin lawyer office of internal organs (two level). Hunan Yue Lin law firms on the basis of our "lawyer law" and other relevant laws and regulations formulated the rules.

 

     Article second  "The basic principles. The weak legal aid center" for the vulnerable groups of criminal miscarriages of Justice

   One, unified, unified examination, unified admissibility assignment, unified supervision principle.

   Two, in compliance with the fair, fair, timely and effective principle.

   Three,The lawyer volunteers to provide legal aid to take facts as the basis, take the law as the criterion, keep state secrets, commercial secrets and personal privacy.

   Four,The lawyer volunteers shall strictly abide by the discipline of lawyers and legal aid occupation moral.  

 

    Article third  "Cause weak legal aid center" in accordance with the "Hunan Yue Lin law firm has weak legal aid center for criminal legal aid cases accepted way weak" uniformly accept legal aid cases, "the defender in the second instance cause weak legal aid center" appoint lawyers volunteers served as the case or appeal agent, participate in the second defense or appeal to the people's court.

 

     Article fourth  "Cause weak legal aid center" appointed lawyer volunteers served as legal aid of the case to trial counsel, the legal aid of the case or the defendant near relatives shall volunteers and lawyer law firm where the sign "book" legal aid agreement procedure of second instance in criminal cases, the defendant legal aid of the case or the defendant close relatives to aid lawyers issued "power of attorney".

 

    Article fifth "Cause weak legal aid center" appointed lawyer volunteers served as legal aid of the case to trial counsel, shall be formulated in accordance with the National Lawyers Association norms for handling criminal cases, dutifully doing trial advocacy work.

 

    Article Sixth  "Cause weak legal aid center" appointed lawyer volunteers served as legal aid case retrial agent, the legal aid of the case or the defendant near relatives shall and "cause weak legal aid center" appointed lawyers volunteer law firm where the criminal appeal cases signed "agency agreement", the legal aid of the case or the defendant people close relatives to aid lawyers issued "authorization".

 

    Article seventh  For the case of criminal appeal aid lawyers in the Commission, should further review the case materials, meet the defendant, conduct necessary investigation to obtain new evidence, the people's court have jurisdiction to submit the official letter and the power of attorney law firm, and submit a written "the evidence of cross examination opinions" and "retrial defense the word" to the people's court, the people's court filing a case for retrial recommendations on the case.

 

    Article eighth  After the people's court has jurisdiction to reject the appeal decision, whether to appeal to the people's court at a higher level or by the Supreme Court, " cause weak legal aid center" business guidance committee decided after discussion of collective study.

 

    Article ninth   After the people's Court of retrial case review decision and decision retrial verdict, "two aid lawyer found weak legal aid center" designated as the retrial retrial defense counsel, participation.

 

    Article tenth    The two aid lawyers as the retrial defender shall request the court hearing the case. Where the court retrial aid cases, "yuan weak legal aid center" is assigned to two senior lawyer business guidance committee to participate as observers, depending on the specific situation to decide.

 

    Article eleventh "After the two aid lawyer found weak legal aid center" assigned to aid in the conclusion of the case, should be to "cause weak legal aid center" to submit a complete re dossier material archive, and issue a written "XXX" legal aid cases report.

 

    Article twelfth  "Cause weak legal aid center to provide legal aid to appoint a lawyer" volunteers, "yuan weak legal aid center" and lawyers volunteer should be based on the degree of difficulty is the case payment agreement and shall be clearly stipulated in the "Hunan Yue Lin law firm has weak legal aid center of legal aid agreement", five times the reward is not the case below the Bureau of Justice Legal Aid Center in return for handling similar legal aid of the case.

    Hunan Yue Lin law firm in Hunan signed the "Yue Lin lawyer legal aid agreement for weak legal aid center book" three days, by bank transfer will aid lawyers handling returns into account time practicing law firm lawyers aid is, by the law office to aid lawyer.

 

   Article thirteenth  "Cause weak legal aid center" appointed lawyers to provide legal aid volunteers which occurred in the process of handling a case of travel and accommodation costs, by "the yuan weak legal aid center" by bill accountable.

   Aid lawyer should pursue the principle of conservation in the process of handling cases. The plane may be sitting first-class cabin, accommodation in general residential business hotel chain, not to eat the seafood feast.

 

    Article fourteenth The lawyer to provide legal aid volunteers in the process of handling a case if there is a violation of discipline of lawyers and occupation moral situation, by the parties after complaints and verified, "yuan weak legal aid center" the parties are advised to remove entrust, by "the yuan weak legal aid center" designate other lawyers to provide legal aid to the volunteers. Be lifted commissioned lawyers aid should be full refund has charge of the reward, the lawyer law firm where will the money transfer into Hunan Yue Lin law firm account.

 

    Article fifteenth The lawyer volunteers for the legal aid of the case by the court acquitted, "cause weak legal aid center" to aid lawyers special. Protocol for individual crime, two aid lawyers each reward ten thousand yuan. The original common crime, for the case of all aid lawyer bonus shall be limited to fifty thousand yuan.

 

   Article sixteenth "Cause weak legal aid center" assigned aid lawyer has the right of defense independent in the process of handling cases, but "cause weak legal aid center" business on the steering committee appointed aid lawyer in undertaking aid cases in the process of criminal defense, criminal defense and defense thinking skills has the right recommendations.

 

     Article seventeenth "Cause weak legal aid center" on the assigned aid lawyers in the case of compliance with the discipline of lawyers and occupation moral has the right of supervision.

 

     Article eighteenth   These operating rules came into force in March 22, 2014, by the Hunan Yue Lin law firms responsible for amendment or interpretation.