People's Republic of China State Council
(No. 385th)

　　"Through the Legal Aid Ordinance" has been July 16, 2003 fifteenth standing meeting of the State Council, and is hereby promulgated, shall enter into force as of September 1, 2003.

　　

Premier Wen Jiabao

Two 00 three years in July 21st (end)

"Legal Aid Ordinance"

　　Chapter I General Provisions　　

Article 1 in order to safeguard the citizen economic difficulties obtain necessary legal services, promoting and regulating the legal aid work, the enactment of this ordinance.

Second conform with the provisions of these regulations in accordance with the provisions of the citizen, can get legal advice, agent, criminal defense and a pro bono legal services.

Third legal aid is the responsibility of the government, the people's government at or above the county level shall take active measures to promote the legal aid work, provide financial support to legal aid, the coordinated development of security and economic, legal aid society.

The legal aid funds shall be earmarked, and accept supervision by the financial, auditing department.

Fourth the judicial administration department under the supervision and management of the legal aid work throughout the country. The judicial administrative department of the local people's government at or above the county level shall supervise and regulate the legal aid work administrative region.

The all China Lawyers Association and the local lawyers associations shall assist in the work of legal aid lawyers association on the basis of the implementation of these regulations.

Fifth districts municipality directly under the central government, of the city or county people's government administrative departments of justice according to need to confirm the legal aid institutions of the administrative region of.

The legal aid institutions responsible for acceptance, examination of legal aid applications, assigned or arrange for the provision of legal aid in accordance with the regulations of the citizens.

Sixth lawyers should be in accordance with the provisions of law and this regulation to perform legal aid obligations, and provide legal services to meet the standards for the recipient, safeguard the legitimate rights and interests of the recipients, accept the supervision of Lawyers Association and judicial administrative departments.

Article seventh country to encourage social contributions to the legal aid activities.

Eighth national support and encourage social organizations, institutions and other social organizations use their own resources to provide legal aid to citizens with economic difficulties.

Ninth have made outstanding contributions to the legal aid work in organizations and individuals, departments of the people's government, the administration of justice should be commended, rewarded.
　　

　　The second chapter the scope of legal aid　　

Article tenth citizens of the matters need to agent, due to economic difficulties has not entrusted agent, can to apply for legal aid:

(a) request state compensation according to law;

(two) request for social insurance treatment or the minimum living allowance;

(three) request grant pension, benefits;

(four) request for payment of alimony, maintenance fee, maintenance fee;

(five) request to pay labor remuneration;

(six) advocate for civil rights and interests arising do boldly what is righteous behavior.

Province, autonomous region, municipality directly under the central government may make supplementary provisions on the legal aid matters prescribed in the preceding paragraph.

Citizens may apply for legal advice to the legal aid institutions on the matters specified in the first paragraph, second paragraph of this article.

To any one of the following eleventh in criminal litigation, citizens to apply for legal aid:

(a) the criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, due to financial difficulties did not hire a lawyer;

(two) in the case of public prosecution of the victims and their legal representatives or near relatives, since the date of the case is transferred for examination before prosecution, because of financial difficulties not to entrust agents ad litem;

(three) cases of private prosecution by the prosecutor and his legal representative, since the case by the people's court date, due to financial difficulties did not entrust agents ad litem.

Twelfth prosecutor and the defendant in the case, due to financial difficulties or other reasons not to entrust defenders, the people's court specified for the defence of the accused, the legal aid institutions shall provide legal aid.

If the defendant is blind, deaf, mute or a minor but not entrust a defender, or the defendant may be sentenced to death and counsel did not entrust a people's court appointed defense, as the defendant, the legal aid institutions shall provide legal aid, not in the economic status of the defendant's review.

Called citizen economic difficulties of standard thirteenth this Ordinance, by the province, autonomous region, or municipality directly under the central government according to the regional economic development situation and the cause of legal aid should be provided.

Inconsistent with standard economic difficulties standard economic difficulties of the domicile of the defendant and accepts the application for legal aid institutions where, in accordance with the standards of economic difficulties of the legal aid institutions accepting the application

　The third chapter legal aid application and examination　　

Fourteenth citizens of this Ordinance of tenth items listed in the application for legal aid shall be proposed, in accordance with the following provisions:

(a) claims for state compensation, the organ for compensatory obligations apply to legal aid institutions where the;

(two) request for social insurance treatment, the minimum living allowance or request grant pension, benefits, to provide social insurance, minimum living guarantee or grant pension, the legal aid institutions benefit obligations authorities where the filing;

(three) request for payment of alimony, child support, maintenance, legal aid agencies to alimony, maintenance, maintenance of the obligor domicile apply;

(four) request to pay labor remuneration, to apply to legal aid institutions to pay labor remuneration obligor domicile;

(five) maintain because do boldly what is righteous behavior from the civil rights and interests, to apply to legal aid institutions requested by the people of the place of domicile.

Fifteenth this Ordinance eleventh listed persons to apply for legal aid, legal aid agencies should be the people's court to the case where the application. The suspect who is detained by the house of detention for 24 hours to the legal aid agencies, legal aid application required documents, documents submitted by the applicant notified by the legal agent or near relatives to help provide.

Sixteenth applicant is a person without civil capacity or a person with limited civil capacity, by the legal agent to apply.

No civil capacity or a person with limited capacity for civil conduct and its legal representative litigation or other interests in need of legal aid, from no interest relationship with the disputes in other statutory agent to apply.

Seventeenth citizens apply for legal aid agency, criminal defense, shall submit the following documents, proof material:

(a) identity card or other valid proof of identity, the agent of the applicant shall submit proof of power of attorney;

(two) evidence of economic difficulties;

(three) and the legal aid cases related materials application.

The application shall be made in written form, fill in the application form; with a written application is indeed difficult, the application may be made orally, the legal aid agency staff or to the agency staff to apply for the written records.

Eighteenth legal aid agencies after receiving an application for legal aid, the examination shall be conducted; that the applicant to submit the documents, materials of proof is not complete, can make the necessary supplement or that require the applicant, the applicant is not required to make supplements or explanations, as to withdraw the application; that the applicant to submit the documents, evidence of the need to verify, by the legal aid agencies to the relevant authorities, verify unit.

To meet the conditions of legal aid, legal aid agencies should be timely provision of legal aid decision; is not eligible for legal aid, it shall inform the applicant of the reasons in written form.

Any notice nineteenth applicants for legal aid institutions do not meet the conditions of legal aid, and can be made to the administrative department of justice of the legal aid institutions are determined, the judicial administrative department shall examine the application within 5 working days after receiving his objection, review by the applicants who meet the conditions of legal aid, should be based on the written form shall order the legal aid institutions to provide legal aid to the applicant.

　　The fourth chapter legal aid implementation　　

Twentieth defense is designated by the people's court cases, the people's court in the legal aid institutions designated defending notice 10 days before the hearing and the copy of the indictment or judgment copies sent to the local; the people's court shall not in their trial, can inform the legal aid institutions designated defense and Book copy copy of the indictment or judgment to the venue.

Twenty-first legal aid institutions may appoint lawyers office to arrange for lawyers or the agency staff to handle the legal aid case; can also according to the requirements of other social organizations, arrange their own staff for legal aid cases. The people's court appointed defense cases, legal aid agencies shall, 3 days before the hearing will determine the contractor personnel list back to designated by the people's court.

Twenty-second who handles a case of legal aid, should abide by the occupation morals and professional discipline, and provide legal assistance shall not collect any property.

Twenty-third for legal aid cases of personnel under any of the following circumstances, it shall report to the institution of legal aid, legal aid agencies is examined and verified, and should put an end to the legal aid:

(a) income of the recipient's change, no longer meet the conditions of legal aid;

(two) cases trial termination or has been removed;

(three) recipients and their own lawyers or other agents;

(four) to terminate the recipients of legal aid.

Twenty-fourth is designated to handle a legal aid lawyer or accept arrangements for legal aid cases of social organizations in the case of the case, shall apply to legal aid institutions to submit the relevant legal documents to copy or photocopy and the final report and other materials.

The legal aid institutions received the provisions of the preceding paragraph closed materials, shall be appointed for legal aid lawyers or accept the arrangement of social organization to handle the legal aid case payment of legal aid case subsidy.

Legal aid case subsidy standards by the judicial administration department of the province, autonomous region, or municipality directly under the central government in conjunction with the financial department at the same level, according to the local economic development level, with reference to legal aid institutions approved all kinds of legal aid of the case to the average cost and other factors, and may according to need to adjust.

Legal advisory services twenty-fifth legal aid institutions of civil application, shall immediately apply; complex, can apply for appointment timing.

　　The fifth chapter legal liability　　

Twenty-sixth legal aid institutions and their staff in any of the following circumstances, the persons directly in charge and other directly responsible personnel shall be given disciplinary action:

(a) to provide legal aid to do not meet the conditions of legal aid personnel, or refusing to provide legal aid to meet the conditions of legal aid staff;

(two) for legal aid cases collection property;

(three) engaged in paid legal services;

(four) occupation, privately divide, the legal aid fund.

For legal aid cases collected properties, by the judicial administrative department shall order it to return the illegal income; engaged in legal service, shall be confiscated by the administrative department of justice; embezzlement, misappropriation, dividing the legal aid funds, recovered by the judicial administration department shall, if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Twenty-seventh law firm refused to appoint legal aid institutions, not arrange the lawyer to handle the legal aid case, given a warning, by the judicial administration department shall order rectification; if the circumstances are serious, more than 1 months following 3 months rectification.

Twenty-eighth lawyer has one of the following cases, give a warning, by the judicial administration department shall order rectification; if the circumstances are serious, more than 1 months following 3 months to stop practicing punishment:

(a) without justifiable reasons, refused to accept, terminates the legal aid of the case;

(two) for legal aid cases collection property.

With the preceding paragraph (two) an illegal act, the judicial administrative department shall be ordered to return the illegal gains may be imposed property, the property value of 1 to 3 times the amount of.

Twenty-ninth lawyer to handle the legal aid case against the occupation moral and professional discipline, shall be punished in accordance with the provisions of the lawyers law.

Supervision and management of legal aid work in thirtieth judicial administrative department staff, a breach of privilege, be forgetful of one's duties acts, shall be given administrative sanctions; if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law.

　　The sixth chapter supplementary provisions　　

Thirty-first these Regulations shall enter into force as of September 1, 2003. (end)