The people's Republic judicial department Order No.124No.  Since the2012Years7Month1The date of promulgation

Article 1 in order to regulate the management of legal aid cases, guarantee the quality of legal aid, according to "the people's Republic of China Criminal Procedure Law", "Legal Aid Ordinance" and other relevant laws, administrative regulations, these Provisions are formulated.

Article second the legal aid institutions, lawyers, grassroots legal service, other social organizations and legal aid staff for legal aid cases, these Provisions shall apply.

Article third the legal aid institutions shall establish a sound working mechanism, to provide convenience for citizens to receive legal aid.

Fourth legal aid personnel shall be in accordance with the law, regulations and the present regulations, abide by the relevant legal service business procedures, provide quality and efficient legal services and recipient.

Fifth legal aid personnel shall keep state secrets, for in that legal aid in cases of trade secrets, the parties shall not disclose privacy.

Article sixth the legal aid staff for legal aid cases, should abide by the occupation morals and professional discipline, and consciously accept supervision.

The second chapter accepted

Article seventh the legal aid institutions shall publicize information office address, communication means, in the reception area and judicial administrative government website publicity legal aid conditions, procedure, application materials catalogues and application demonstration text.

Item eighth of citizens with economic difficulties as "Legal Aid Ordinance" prescribed in article tenth to apply for legal aid, by volunteer organs located, obligor domicile or the requested legal aid institutions shall accept the domicile of the person.

"Provisions of article eleventh of the Legal Aid Ordinance" citizens with economic difficulties for criminal legal aid cases handled by the people's court, the people's Procuratorate, the public security organ, the seat of the legal aid agencies to accept. The applicant on the same matter to two or more legal aid agencies to apply, is the first to receive legal aid institutions for acceptance.

Article ninth citizens apply for agent, criminal legal aid, shall faithfully submit the following application materials:

　　(A)Legal aid application form. Fill in the application form is difficult, the legal aid agency staff or transferred for organs, unit staff to fill in;

　　(Two)Identity card or other valid identity certificate, apply for the agent shall also submit proof of power of attorney;

　　(Three)Table show the financial status of legal aid applicants;

　　(Four)And the legal aid cases related materials application.

The financial status of legal aid applicants to prove statement shall be the legal aid of local laws, rules and regulations of the right to issue economic difficulties proof authority, unit official seal. Without the relevant provisions, the villagers committee, the applicant has his domicile or habitual residence of the residents' committee or the unit official seal.

Article tenth the applicant holds the following documents, certificates, no need to submit the financial status of legal aid applicants proof sheet:

　　(A)City residents minimum living guarantee or rural residents of the minimum living guarantee;

　　(Two)The rural poor households save card;

　　(Three)Rural"Five"Support card;

　　(Four)The people's court for judicial assistance decision applicants;

　　(Five)Proof materials in social welfare institutions funded by the government to support or by charitable contribution;

　　(Six)Certificate of disability and his domicile or habitual residence of the village committee, residents committee issued no fixed source of evidence;

　　(Seven)Relying on evidence government or unit pay pension life;

　　(Eight)Due to natural disaster in temporary difficulties, are receiving documents government temporary relief;

　　(Nine)Laws, regulations and the provinces, autonomous regions, municipalities directly under the central government, the people's Government of the relevant legal aid applicant can prove the economic difficulties of other certificates, proof material.

Article eleventh the arrested suspects, defendants, prisons, reeducation through labor personnel, compulsory isolation detoxification personnel to apply for legal aid, the people's court, the people's Procuratorate handling cases, the public security organ or the prisons, detention, labor education management, compulsory rehabilitation center to apply for.

Article twelfth the legal aid institution accepts an application for legal aid shall issue a written document, received the application materials to the applicant, specify the name of the application materials received, quantity, date.

The third chapter review

Article thirteenth the legal aid institution shall, from the date of receiving the application7Review the working days, and make a decision whether to give legal aid decision; belonging to the provisions of article fourteenth regulations, may be appropriate to extend the review period.

The legal aid institution upon examination that the applicant to submit the application materials are incomplete or content is not clear, shall be issued a notice supplementary material or require the applicant to make explanation. The applicant to provide supplementary materials, to explain the time required is not included in the examination period. Where the applicant fails to supplement the materials or explanations, as to withdraw the application.

Fourteenth legal aid agencies say the application materials submitted by the applicant need to verify, shall report to the relevant departments, units of investigation and verification.

The legal aid institutions accepting the application request different legal aid agencies assist to verify, in accordance with the provisions of article twenty-eighth shall.

Fifteenth legal aid agencies after examination, for any of the following circumstances, should consider the applicant economic difficulties:

　　(A)Standard economic difficulties applicants and their family members living together with per capita income of legal aid local regulations or the province, autonomous region, or municipality directly under the central government of the people's government regulations;

　　(Two)Application of the other party is the applicant and family members living together, the standard economic difficulties the personal income in the legal aid local regulations or the province, autonomous region, or municipality directly under the central government of the people's government regulations;

　　(Three)To the provisions of article tenth provisions of the documents, documents for applicants for legal aid, legal aid agencies reviewed that the true and effective.

Article sixteenth the legal aid institution upon examination, to meet the conditions of legal aid, it shall decide to grant of legal aid, and make a grant of legal aid decision; is not eligible for legal aid, it shall decide not to legal aid, and no legal aid decision making.

No legal aid decision shall indicate the reasons and no legal aid the objection rights.

Article seventeenth a grant of legal aid decision and no legal aid decision shall be sent to the applicant; the provisions of article eleventh regulations, the legal aid institutions shall also inform the relevant people's court, the people's Procuratorate, the public security organ and prisons, detention, reeducation through labor management, compulsory isolation detoxification.

Article eighteenth items with "Legal Aid Ordinance" article tenth, the provisions of article eleventh, and has one of the following circumstances, legal aid agencies can decide to provide legal assistance:

　　(A)From the legal prescription expires deficiency7Day, need for bringing a suit or applying for arbitration, administrative reconsideration and timely;

　　(Two)Need to apply for property preservation, the evidence preservation or execution;

　　(Three)Other emergency or special circumstances.

To provide legal aid, the recipient shall be determined in the legal aid institutions pay the prescribed application materials within the time limit. The legal aid institution upon examination that the recipient is not in conformity with the standards of economic difficulty, should put an end to the legal aid, and in accordance with the provisions of this article second paragraph thirty-third for.

Article nineteenth the applicant no legal aid to the legal aid institutions decision has objections, can put forward to the judicial administrative organ in charge of the legal aid institutions.

The judicial administrative organs after review that the applicants meet the conditions of legal aid, should be in written form shall order the legal aid institutions to provide legal aid to the applicant, and inform the applicant in writing; that the applicant does not meet the conditions of legal aid, legal aid agencies should be no legal aid decision, notify the applicant in writing and explain the reasons.

The fourth chapter undertakes

Article twentieth for civil, administrative legal aid cases, legal aid agencies should be given legal aid decision from the date of7Working days appoint lawyers, grassroots legal service, other social organizations to arrange their own staff to undertake, or arrange the staff to undertake.

The criminal legal aid cases, legal aid agencies should be given legal aid decision or received notice from the date appointed defense made3Working days appoint lawyers for lawyers undertake, or arrange the institution of legal aid lawyer.

Article twenty-first the legal aid institutions shall, according to the agency, lawyers, grassroots legal service, other social organization personnel quantity, quality, professional expertise, undertake legal aid cases, the recipient will assign or host factors such as reasonable arrangement mechanism, personnel.

Legal aid agencies, law firms shall assign or arrangement has a certain number of criminal defense lawyer practicing experience as the defender of the death penalty case.

Article twenty-second the legal aid institutions, lawyers, grassroots legal service or other social organizations shall be assigned or arrange for legal aid workers from the date of5Working days will be the legal aid staff name and contact way to inform the recipient, and the recipient or his legal representative, close relatives shall sign an entrustment agreement, but due to the recipient cannot be signed on time except.

Twenty-third legal aid workers within the limits of authorization, through conciliation, mediation, arbitration and litigation and other means to maximize the safeguard the legitimate rights and interests of the recipient.

Legal aid agents in the recipient to settle the dispute settlement or mediation, it shall obtain the consent of the Recipient agrees to.

Legal advisory services twenty-fourth legal aid institutions of civil application, shall immediately answer; complex, can handle and appointment timing. In the process of legal advice, the applicant may conform to the agent or criminal legal aid, shall inform the application may be submitted in accordance with the law.

Article twenty-fifth for the cases of civil action legal aid, legal aid staff should inform the recipient may apply to the people's court for judicial assistance, and provide assistance.

Twenty-sixth legal aid workers with the recipient, shall make transcripts of the meeting. Transcripts of the meeting shall be subjected to aid people to confirm correct signature or fingerprint; recipient without reading ability, legal aid personnel shall record is read to the recipient, and shall be indicated in the notes.

For the designated defense cases, legal aid staff should be in the first meeting with the criminal suspect, defendant, asked whether the agreed to its defense, and for the record. The suspect, the defendant does not consent, shall inform the people's court, the people's Procuratorate, public security organ and the legal aid institutions written.

Twenty-seventh legal aid staff handles the case shall, according to the need for investigation according to law, and may need to request for legal aid agencies issued the necessary documents and relevant organs, units or coordination.

Article twenty-eighth the legal aid staff that need different investigation report, can be made to the legal aid institutions assigned or arrangement. To make the legal aid institutions assigned or arrangements may request the investigation and evidence collection matters where the legal aid agencies.

The legal aid institution shall issue a request for cooperation, collaborative correspondence to the legal aid institution is requested, explain the basic situation of the case, investigation and evidence collection matters, processing time. The legal aid institutions requested shall provide cooperation. Because of objective reasons can not work, should be the reason to the legal aid institutions requesting collaboration written instructions.

Article twenty-ninth for the people's court in the trial of criminal cases, legal aid staff should do before the court for trial; full statement, quality certificate; after the trial, legal aid personnel shall submit the written opinions of criminal defense or to a people's court. For the designated defense cases by the people's court decides not to hold a hearing, the legal aid workers shall receive legal aid institutions designated date10A people's court within days to submit written opinions of criminal defense. For other trial of criminal cases, legal aid personnel shall submit written opinions of criminal defence or agency in accordance with the people's court within the time limit prescribed.

Thirtieth legal aid workers shall submit to the recipient reporting cases to handle, reply the recipient asking, and make informed record.

Thirty-first legal aid personnel shall be in accordance with the legal aid institutions are required to report cases of.

Legal aid cases in any of the following circumstances, legal aid personnel shall report to the legal aid institutions:

　　(A)There is significant doubt the main evidence, the applicable law etc.;

　　(Two)To group events;

　　(Three)There are significant social impact;

　　(Four)Other complex, difficult situations.

Article thirty-second the recipient has evidence to prove that the person not to perform the obligation of legal aid, legal aid agencies can request a change of legal aid workers.

The legal aid institution shall apply for replacement of the date of the recipient5Decide whether to change the working days. Decided to replace, shall be assigned or arrange personnel to undertake. Has to designated defense situations to the suspect, the defendant, the people's court, the people's Procuratorate, the public security organ decided to appoint another defender, legal aid institutions shall designate or arrange personnel to undertake.

A change of legal aid workers, the original legal aid staff subordinate units and the recipient shall revoke or modify the agency agreement, the original legal aid personnel shall and replacement of the legal aid staff to handle the case materials transfer procedures.

Article thirty-third in any of the following circumstances, it shall terminate the legal aid:

　　(A)The recipient does not accord with the legal aid economic difficulties standard;

　　(Two)The case to trial termination or cancellation of the;

　　(Three)The recipient to entrust other agent or defender;

　　(Four)To terminate the recipients of legal aid;

　　(Five)The recipient by legal aid to engage in illegal activities;

　　(Six)The recipient intentionally conceals facts or providing false evidence;

　　(Seven)Other circumstances stipulated by laws, regulations and termination.

There is the case, the legal aid personnel shall report to the legal aid institutions. The legal aid institutions upon examination and verification, decided to terminate the legal aid, legal aid decision making should be terminated, and send the recipient, at the same time that legal aid staff subordinate units and related departments, units. The legal aid staff subordinate units shall terminate the entrustment agreement with the recipient.

The termination of the legal aid recipients to legal aid institutions decision has the objection, in accordance with the provisions of article nineteenth shall.

Thirty-fourth legal aid workers shall be the date of the legal aid cases30Days to the legal aid institutions submit filing materials.

Litigation cases in legal aid staff received the verdict, ruling, mediation, for closing date. Arbitration cases or cases of administrative reconsideration in legal aid workers receiving the award of arbitration, administrative reconsideration decision is the original or a copy of the date of closing date; other non litigation legal matters to the recipient with the other party, the mediation agreement reached a settlement date for the closing day; no relevant documents, begins with the obligor to perform the obligations for closing date. The legal aid institutions termination of legal aid, legal aid staff subordinate unit receives the termination of legal aid decision letter, for closing date.

Article thirty-fifth the legal aid institutions shall receive legal aid workers filing materials submitted to the date of30Review the days. For filing materials complete, should be in accordance with the provisions of the legal aid workers are paying the subsidies to its.

Thirty-sixth make the legal aid institutions shall submit to the assigned legal aid personnel filing materials and acceptance, examination, appointment and other materials were collected, a case of a volume, uniform filing management.

Article thirty-seventh the legal aid institutions, lawyers, grassroots legal service and legal aid staff engaged in the legal aid activities in violation of the stipulations of the people's Republic of China, in accordance with the "law", "Legal Aid Ordinance", "illegal acts of lawyers and law firms punishment measures" and other laws, regulations and rules shall be investigated for legal responsibility.

Thirty-eighth legal aid document format shall be formulated by the Ministry of justice.

Article thirty-ninth the provisions shall2012Years7Month1The date of promulgation.