Supreme People's court The Supreme People's Procuratorate The Ministry of public security The Ministry of Justice

Notice on Issuing the "Regulations" on the legal aid in criminal action

The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, the people's Procuratorate, public security department (bureau), the judicial department (bureau), PLA military court, military procuratorates, the General Political Department, the Bureau of justice of the Xinjiang Uygur Autonomous Region production and Construction Corps branch of the higher people's court, the Xinjiang production and Construction Corps of the people's Procuratorate, Public Security Bureau, Justice Bureau, the Bureau of prisons:

Provisions for the implementation of the revised criminal procedure law concerning legal aid, strengthen and standardize the criminal legal aid work, based on in-depth research and demonstration and extensive solicitation of opinions, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, Ministry of Justice2005Years9Month28Japan jointly issued "on the legal aid in criminal action regulations" revised. Are issued to you, please follow.

 

　　　　　　　　　　　　　　　　　　　  Supreme People's court The Supreme People's Procuratorate

The public ANN Department Company Method Department

Two, one three February 4th

 

Provisions on the legal aid in criminal action

Article 1 In order to strengthen and standardize the legal aid in criminal proceedings, according to "the people's Republic of China Criminal Procedure Law", "Lawyers Law of the people's Republic", "Legal Aid Ordinance" and other relevant provisions, combined with the actual work of legal aid, the enactment of this provision.

Article second The suspect, the defendant because of financial difficulties not to entrust a defender, and his close relatives may apply to the public security organs, people's procuratorates, cases handled by the people's Court judicial administrative organs located at the same level belongs to apply for legal aid.

Which one of the following circumstances, the criminal suspect, the defendant's counsel did not entrust, may apply for legal aid in accordance with the provisions of the preceding paragraph:

(a) there is evidence to prove that the suspect, the defendant belongs to a level or two level of intellectual disability;

(two) in a case of joint crime, the other suspects, defendants had entrusted a defender;

(three) the people's Procuratorate to protest;

(four) has a great social impact cases.

Article third In the case of public prosecution of the victims and their legal representatives or near relatives, private prosecution cases of private prosecution and their legal representatives, due to financial difficulties did not entrust agents ad litem, may apply to the people's Procuratorate, the case handled by the people's Court of the judicial administrative organ is located at the same level belongs to apply for legal aid.

Article fourth The citizens with economic difficulties, where a case is accepted by the province, autonomous region, municipality directly under the central government regulations.

Article fifth When the public security organs, people's procuratorates to take coercive measures in the first interrogation of criminal suspects or, shall inform the criminal suspect has the right to entrust defenders, and inform the if in accordance with the provisions of the second provision, and their near relatives may apply for legal aid to the legal aid institutions.

The people's Procuratorate for examination and prosecution of the case from the date of3Days, it shall inform the criminal suspect has the right to entrust defenders, and inform the if in accordance with the provisions of the second provision, and their near relatives may apply for legal aid to the legal aid institution; it shall inform the victim and his legal representatives or near relatives shall have the right to entrust agents ad litem, and inform the if economic difficulties, can apply for legal aid to the legal aid institutions.

The people's court shall accept the case from the date of3Days, it shall inform the defendant has the right to entrust defenders, and inform the if in accordance with the provisions of the second provision, and their near relatives may apply for legal aid to the legal aid institutions; shall inform the prosecutor and his legal representatives shall have the right to entrust agents ad litem, and inform the if economic difficulties, can apply for legal aid to the legal aid mechanism. The decision of the people's court retrial cases, shall decide the date of retrial3Days to inform duty.

The suspect, the defendant has the provisions of article ninth regulations, the public security organs, people's Procuratorate, the people's court shall inform the if not to entrust defenders, shall inform the legal aid institutions appoint lawyers to defend the.

Article Sixth That can be taken orally or in writing, to inform the content should be easy to understand the people. Oral notice, it shall make a written record, signed by the defendant one; written informed, mail acknowledgement shall be kept on file. For the expression of people on the spot to apply for legal aid will, shall be recorded.

Article seventh The suspect, the accused in custody the application for legal aid, the public security organs, people's Procuratorate, the people's court should be in receipt of the application24Its application to or inform the legal aid institutions hours, and in3Days inform the applicant's legal representative, close relative or its entrusted others to help provide the relevant certificates, proof and other relevant materials to the legal aid institutions. The suspect, the defendant's legal representatives or near relatives can not notice, shall inform the legal aid institutions in the transfer application.

Article eighth The legal aid institution after receiving the application shall be examined promptly and in7Decision day. 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, no legal aid decision making. The granting of legal aid decision and no legal aid decision shall timely send the applicant, and communicated to the public security organ, the people's Procuratorate, the people's court.

For the criminal suspect, defendant to apply for legal aid cases, legal aid agencies may apply to the public security organs, people's Procuratorate, the people's Court about the case handling process control of criminal suspects, defendants have the provisions of article second stipulated conditions.

Article ninth The suspect, the defendant is under any of the following circumstances not entrust a defender, the public security organs, people's Procuratorate, the people's court shall find the date3Days, the judicial administrative organ at the same level belongs to notify the local legal aid institutions appoint lawyers to defend the:

(a) juveniles;

(two) the blind, deaf, dumb;

(three) mental patient who has not completely lost the ability to recognize or control his own conduct;

(four) may be sentenced to life imprisonment, the death penalty.

Article tenth The public security organs, people's Procuratorate, the people's court shall notify the defense, shall inform the defense official letter and take coercive measures decision, the prosecution of submissions, indictments, judgments copy or copy shall be sent to the legal aid institutions.

The defense official notice shall specify the suspect or the accused person names, charges, places of detention or domicile, notify the justification, the contact name and contact way.

Article eleventh The people's court shall accept the compulsory medical application or the defendant in accordance with the date of compulsory medical conditions3Days, the applicant or the accused does not entrust agents ad litem, shall apply to legal aid institutions send traffic knowledge agent letter, notice of the assignment as a lawyer by the applicant or the defendant's agent ad litem, for legal assistance.

The people's Procuratorate for compulsory medical treatment, the people's court shall be compulsory medical application copy to be sent to the legal aid institutions.

The official notice shall clearly be stated the applicant or the defendant's name, legal representative, the name and contact information of the contact name and contact way.

Article twelfth The legal aid institution shall make a grant of legal aid decision or receipt of the notification letter, informing the agency official defended the date3Days, determine the lawyers and communicated to the public security organ, the people's Procuratorate, the people's court.

Legal aid official letter issued by the legal aid institutions shall specify the undertaking lawyer's name, affiliation and contact way.

Article thirteenth May be sentenced to life imprisonment, the death penalty cases, legal aid agencies should be assigned with a certain number of years of practicing experience for criminal defense lawyer to defend.

For the cases of minors shall assign minors, familiar with the physical and psychological characteristics of the lawyer to defend.

Article fourteenth The lawyers appointed by legal aid institutions, shall entrust formalities in accordance with the relevant provisions of timely.

The lawyers should be met for the first time with the suspect, the defendant, asked whether agree to defend, and making a record. The suspect, the defendant does not agree, a lawyer shall notify the public security organ, a people's Procuratorate, the people's court in writing and the legal aid institutions.

Article fifteenth For in accordance with the application of the provision of legal aid case, criminal suspects, defendants to defend himself, refused to appoint legal aid lawyer, legal aid agencies should be permitted, and make the termination of legal aid decision; for legitimate reasons for replacement of lawyers, legal aid agencies should be separately appoint lawyers to defend the.

For it shall notify the defense case, the suspect, the defendant refused to appoint legal aid institutions lawyer, public security organs, people's Procuratorate, the people's court shall ascertain the reason for rejection, justified, it shall be allowed, and inform the suspect, the defendant must entrust another defender. The suspect, the accused does not entrust another defender, the public security organs, people's Procuratorate, the people's court shall promptly inform the legal aid institutions shall appoint lawyers to defend the.

Article sixteenth People's Procuratorate approved the arrest of a criminal suspect, think with shall notify the defense case, the public security organ fails to notify the institution of Legal Aid Counsel assigned, it shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct.

Article seventeenth In case of termination, the undertaking lawyer request, the investigation organ shall listen to the opinions, and record. The lawyers make comments in writing, shall be attached.

Article eighteenth The people's court decides to change the time of the session, should be in session3Recently informed the undertaking lawyer. The lawyers have legitimate reasons not to appear in court, may apply to a people's court adjourned. The people's court agreed to postpone the hearing, it shall timely notify the undertaking lawyer.

Article nineteenth The people's court decides not to open a court session, the people's court shall, after receiving the undertaking lawyer not hearing date10A people's court within days to submit a written defense.

Article twentieth The people's Procuratorate, the people's court shall deduct or exempt the contractor for the lawyer to copy files material costs.

Article twenty-first The public security organ for examination and prosecution in the withdrawal of the case or, people's Procuratorate prosecution, non prosecution or withdrawal of the case before making a decision, the people's court in the trial termination or make a ruling, and the public security organs, people's Procuratorate, the people's court to transfer the case to the authorities, shall be in5Days of the relevant legal documents copy or photocopy service contractors lawyers, or written to inform the undertaking lawyer.

Opinion recommending prosecution of public security organs, people's Procuratorate indictment, the decision not to prosecute, the people's court judgments, rulings and other legal documents, shall indicate the name, make the legal aid institutions assigned lawyers name and affiliation etc..

Article twenty-second Any of the following circumstances, the legal aid institutions shall make the termination of legal aid decision making, termination of legal aid decision to send the recipient, and since the date of decision3Days communicated to the public security organ, the people's Procuratorate, the people's court:

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

(two) the termination of the case handling or has been revoked;

(three) the recipient to entrust the defender or agent;

(four) to terminate the recipients of legal aid, except shall notify the defense situation;

(five) other circumstances shall be terminated in accordance with the provisions of laws, regulations. The public security organs, people's Procuratorate, the people's court in the case handling process found that the circumstances as prescribed in the preceding paragraph, shall timely inform the legal aid institutions.

Article twenty-third The applicant shall not 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 shall make the examination within 5 working days upon receipt of the objection from the date of the review, applicants who 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 notify the applicant; that the applicant does not meet the conditions of legal aid, legal aid agencies shall be maintained not to aid decision, and inform the applicant in writing.

The termination of the legal aid recipients of the legal aid institution raises an objection to the decision, shall be handled in accordance with the provisions of the preceding paragraph.

Article twenty-fourth Criminal suspects, defendants and their close relatives, legal representative, compulsory medical cases by the applicant, the legal representative of the defendant that the public security organs, people's Procuratorate, the people's court shall inform the can to apply for legal aid and not informed, or shall inform the legal aid institutions appoint lawyers to provide defense or litigation agent without notice, the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate shall timely examine the appeal or accusation, case, notify the relevant authorities to rectify.

Article twenty-fifth A lawyer shall abide by the relevant laws and regulations and legal aid business rules, well met, marking, investigation and evidence collection, advice, to participate in the trial work, in accordance with the law to provide legal services to the recipient.

A law firm shall provide professional guidance to the lawyer for legal aid cases, lawyers should be urged to due diligence in the process of handling cases and responsible, abide by the occupation ethics and practice discipline.

Article twenty-sixth The legal aid institutions according to law firms, lawyers providing legal aid activities of guidance and supervision, to ensure the quality of handling cases.

The judicial administrative organ and the lawyers association according to law firms, lawyers to perform legal aid obligations, the implementation of reward and punishment.

The public security organs, people's Procuratorate, the people's court in the case handling process found illegal or in violation of law occupation ethics and disciplinary action, damage the interests of the recipient, shall timely apply to legal aid institutions shall report the relevant situation.

Article twenty-seventh The public security organs, people's Procuratorate, the people's courts and judicial administrative organs shall strengthen coordination, establish a sound working mechanism, do a good job of convergence of legal aid consulting, application to organization and implementation, etc., to promote the criminal legal aid work.

Article twenty-eighth The present Provisions shall2013Years3Month1The date of promulgation.2005Years9Month28Day of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, Ministry of Justice issued the "on the legal aid in criminal action provisions" abolished at the same time.

 

 

 

 

 

 

 

 

 

 

 

 

The Deputy Minister of justice Zhao Dacheng

"Regulations" on the legal aid in criminal action reporters

As the criminal procedure law, the implementation of the revised recently, the Ministry of Justice jointly with the Supreme People's court, the Supreme People's Procuratorate and the Ministry of Public Security issued a revised "on the legal aid in criminal action regulations" (hereinafter referred to as "Regulations"). To help the public better understand the "Regulations" introduced the background, the content, "Legal Daily" the reporter interviewed the Deputy Minister of justice Zhao Dacheng.

Reporter: please introduce the "Regulations" the background and significance of revision.

Answer:2012Years3Month14Day, the five session of the eleven National People's Congress examined and adopted the "on the revision of criminal procedure law '' of the people's Republic of China decided to", since the2013Years1Month1The date of promulgation. The revised criminal procedure law and the role of the defenders to improve the legal status in criminal proceedings, expanded the scope and object of legal aid in criminal proceedings, the trial stage to provide legal aid to in the investigation, prosecution, trial stage provides legal aid, the public security organs and people's procuratorates increase for the notification defense obligations, provides an important institutional guarantee for the better protection of the suspect, the defendant shall exercise the right to counsel. Do a good job of criminal legal aid as a guide throughout the finance authority, to ensure the correct implementation of the revised criminal procedure law, the Ministry of Justice jointly with the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security on2005Years9Month28Make four departments "on the legal aid in criminal action rules" was revised.

In the process of revising, our overall consideration is: new regulations for the revised criminal procedure law about the legal aid work, to comprehensively implement the principle of "; in terms of the original provisions", as far as possible to refine, improve, improve its maneuverability, and remove the inconsistency of content and the revised provisions the criminal procedure law. Period of the revision, the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security has amended and promulgated respective departments to carry out the judicial interpretation and the provisions of the criminal procedure law amended the implementation of legal aid, the various departments of the duties and work procedures for provisions, "provisions" of these Provisions to give the full absorption, so as to ensure uniformity applicable law.

The revised "Regulations" Co28A, compared with the original "Regulations", to increase5Article. "The revision and implementation of the provisions of the public security", to ensure the driver closed the implementation of the revised law of criminal procedure, a comprehensive specification to perform legal aid duty, protect the suspect, defendant shall exercise the right to counsel, realizes the penalty crime and the safeguard human rights of the organic unity, promote judicial justice, to implement the party's eighteen big proposed to comprehensively promote the requirements of rule of law, is of great significance.

Reporter: the revised "Regulations" to ensure that the suspect, the defendant to obtain timely legal assistance for what?

Answer:Respect for and protection of human rights is an important principle of criminal procedure law, strengthening the criminal legal aid is a concrete manifestation of the principle of human rights protection. In order to give full play to the role of legal aid in functions to promote judicial protection of human rights, according to the revised criminal procedure law and criminal legal aid work practice in recent years, "Regulations" from the following aspects of the protection of criminal suspects, defendants and obtain legal aid regulations:

One is to clear the legal aid application conditions. After the amendment of criminal procedure law, for the first time in the basic law of criminal suspects and defendants, due to financial difficulties or other reasons, has not entrusted a defender, I and their close relatives may apply for legal aid. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the. But the specific situation specific standards for the economic difficulties and "other reasons", the criminal procedure law does not stipulate. According to the relevant provisions of the State Council "Legal Aid Ordinance", "Regulations" explicitly pointed out, the citizens with economic difficulties standards by the case is accepted at the province, autonomous region, or municipality directly under the central government regulations; at the same time, "Regulations" in the related judicial interpretation of the Supreme Court and local views on the basis of the provisions, "evidence that the suspect, the defendant belongs to a level or two levels of intellectual disabilities; in a case of joint crime, the other suspects, defendants had entrusted a defender; people's Procuratorate; influential cases" four kinds of cases are due to other reasons beyond the economic difficulties, the suspect, the defendant has these four cases to apply for legal aid, legal aid agencies without the need of the economic status review.

Two is to provide legal aid to criminal suspects, defendants must be clear about the special cases. According to the provisions of the revised criminal procedure law, to counsel did not entrust the minor, blind, deaf, dumb, mental patient who has not completely lost the ability to recognize or control his own conduct and may be sentenced to life imprisonment, the death penalty, the public security organs, people's Procuratorate and the people's court shall inform the legal aid institutions assigned the lawyer to defend its. At the same time, the compulsory medical case does not entrust agents ad litem respondent or defendant, the people's court shall inform the legal aid institutions to appoint a lawyer for legal assistance. In order to ensure the finance organ in a timely manner to perform the relevant legal aid duty, guarantee the lawyers have enough time to prepare his defense, agent, "provisions" clear requirements of public security organs since found the suspect, defendant in accordance with the above situation date3Days, inform the legal aid institutions assign lawyers to defend or legal assistance; requested legal aid agencies received notice of defense official or notification agent letter, to appoint a lawyer to provide legal aid.

Three is to improve the related relief program. First, play the function of legal supervision of the prosecution, the people's Procuratorate approved the arrest shall review, that the suspects have shall notify the defense case without notice, the people's Procuratorate shall notify the public security organ to make corrections, the public security organ shall notify the people's Procuratorate will correct. Second, provisions of the appeal and accusation, criminal suspects, defendants and their close relatives, legal representative, compulsory medical cases by the applicant, the legal representative of the defendant that the public security organs, people's Procuratorate, the people's court shall inform the can to apply for legal aid and not informed, or shall inform the legal aid institutions assigned lawyers for the defense or litigation agent without notice, the right to sue to the same level or the people's Procuratorate at a higher level to file a complaint or. The people's Procuratorate shall timely examine the appeal or accusation, case, notify the relevant authorities to rectify. Third, clear the applicant for legal aid institutions no objection procedure aid decision and termination of aid decision, the applicant for legal aid institutions related decision has objections, can put forward to the judicial administrative organ in charge of the legal aid institutions, judicial administrative organ shall receive objection from the date of5Working days for review and make maintenance or revocation decision.

Reporter: please talk about the "Regulations" on the specific duties of public security organs in the legal aid work as what?

Answer:The public security organs to effectively perform legal aid duty, for the protection of criminal suspects, defendants in accordance with the law to exercise the right to counsel is essential. "Regulations" from the following several aspects to the public security organs to carry out his duties to unify and standardize the legal aid work:

One is to inform the application for legal aid rights and care of the legal aid application. The public security organs in handling cases, shall, within the prescribed time limit to inform the suspect, the defendant for the right to legal aid, to inform the notified person should be easy to understand, and to apply for legal aid will record. The suspect, the accused in custody the application for legal aid, the public security organs shall, within the prescribed time limit its application to or inform the legal aid institutions, and notify the applicant's legal representative, close relative or its entrusted others to help provide the relevant certificates, proof and other relevant materials to the legal aid institutions.

Two is to inform the legal aid institutions provide the defender and agent. "Regulations" explicitly, to meet the defense and inform the agent shall notify the criminal suspects, defendants and the respondent, the public security organs shall inform the legal aid institutions within the prescribed time limit to appoint lawyers to defend or legal help, and related legal documents shall be sent to the legal aid institutions.

Three is to provide related support. Specific include: according to the legal aid institutions, will grasp the situation in the process of handling cases of criminal suspects and defendants, the economic situation to inform the legal aid institutions; the people's Procuratorate, the people's court deduct or exempt the contractor for the lawyer to copy files material costs; closed after the relevant legal documents copy or photocopy service contractors lawyers, or written informed the lawyers etc..

Reporter: please talk about the "Regulations" on the legal aid agencies to organize the implementation of the legal aid work which made?

Answer:The amended criminal procedure law, the legal status of the legal aid institutions in criminal proceedings. Accepting and examining the application for legal aid, legal aid agencies assigned personnel arrangements is the legal responsibility to provide legal assistance. "Regulations" from the following several aspects of the legal aid institution organization behavior are defined:

One is to accept the application review of legal aid. The legal aid institutions received criminal litigants legal aid application, should be in the7Days to review their compliance with the standard of economic hardship or belong to "other reasons" situation, in line with the conditions of the grant of legal aid, does not meet the conditions of no legal aid, and the corresponding decision to send the applicant, the case handled by the public security organs shall notify the.

Two is to receive notification of defense and notifies the agent case. "Regulations" to further clarify, for public security organs inform defense and notifies the agent case, shall be made by the legal aid institutions receive and organize the implementation.

Three is assigned to the case handling personnel. To make legal aid agencies to give legal aid decision or receipt of the notification letter, informing the agency official defence, shall, within the prescribed time limit according to the prescribed requirements, reasonably determine the undertaking lawyer and you handle a case of public security organs. For the recipient to request replacement of lawyers, legal aid agencies should be the reasons for the application to review and decide whether to designate a lawyer.

The four is terminated according to law, legal aid. In the legal aid of the case handling process, if appear "income recipient change, no longer meet the conditions of legal aid; the termination of the case handling or has been revoked; the recipient to entrust the defender or agent; to terminate the recipients of legal aid, except shall notify the defense case law,; regulations should be terminated in other circumstances" situation, the legal aid institutions shall make a decision to terminate the legal aid.

Reporter: please talk about the "Regulations" which in improving the quality of legal aid?

Answer:Handling and service quality is the lifeline of legal aid. In order to promote the legal aid work standardization, standardization construction, the Ministry of justice on2012Years of the promulgation and implementation of the "procedures" provisions of legal aid cases, standard of the legal aid cases handled acceptance, review, contractors and other sectors of the norms and standards of service. According to the revised criminal procedure law "provisions, combined with the" program of legal aid cases and summarizing practical experience, "Regulations" to make the quality management on the strengthening of the legal aid regulations: first, reasonable assignment of the case handling supervisors. Provisions of legal aid agencies should be assigned with a certain number of criminal defense lawyers practicing experience of life imprisonment, the death penalty cases, assignment with minor physical and psychological characteristics of the lawyers handling cases of minors, from the source to ensure the quality of legal aid case. Secondly, clear the lawyers work specific requirements. The lawyers to meet requirements, marking, investigation and evidence collection, advice, to participate in the trial work, in accordance with the law for the provision of legal aid in accordance with the standards of the recipient. Thirdly, strengthen the supervision and management. Provisions of the guidance and supervision of the legal aid institutions to carry out the legal aid activities of law firms, lawyers and lawyers association, the judicial administrative organs according to law firms, lawyers to perform legal aid obligations, the implementation of reward and punishment, the public security organ in a timely manner to the legal aid institution through newspaper law violations of damage to the interests of the recipient, intensify the supervision of law in handling criminal legal aid cases, so as to promote the quality of case handling.