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TABLE OF CONTENTS CHAPTER I GENERAL PRINCIPLES CHAPTER II SCOPE OF LEGAL AID CHAPTER III APPLICATION FOR LEGAL AID AND THE EXAMINATION CHAPTER IV IMPLEMENTATION OF LEGAL AID CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PRINCIPLES Article 1. The present Regulation has been formulated for the purpose of ensuring that the citizens with economic difficulties obtain necessary legal services and promoting and regulating the legal aid work. Article 2. Any and all citizens that meet the requirements provided for in the present Regulation shall be entitled to obtain gratuitous legal services according to the present Regulation, including legal consultation, agency, criminal defense, etc. Article 3. It is the responsibility of the government to provide legal aid. The people's governments on the county level and above shall take active measures to promote the work of legal aid, provide financial support to legal aid, and to ensure that legal aid progresses in coordination with the economy and social progress. The funds of legal aid shall be used for the purpose of legal aid only, and shall be subject to the supervision of the departments of public finance and auditing. Article 4. The administrative department of justice of the State Council shall supervise and regulate the legal aids of the whole country. The administrative departments of justice of the local people's governments on the county level and above shall supervise and regulate the legal aid work within their respective administrative divisions. The All-China Lawyers' Association and the local lawyers' associations shall, according to the constitution of the lawyers' association, give assistance in the legal aid work implemented according to the present Regulation. Article 5. The administrative department of justice under the people's government of the municipalities directly under the Central Government, the districted cities, or counties shall determine the legal aid institutions within their respective administrative divisions in light of the practical needs. The legal aid institutions shall be responsible for the acceptance and examination of legal aid applications, and for designating or arranging for people to provide legal aid to the citizens that are eligible according to the present Regulation. Article 6. Lawyers shall perform their duty of providing legal aid services according to the relevant provisions of the Lawyers' Law and the present Regulation, shall provide qualified legal services to the aided persons so as to safeguard their lawful rights and interests, and shall accept the supervision of the lawyers' associations and administrative departments of the justice. Article 7. The general public are encouraged by the State to provide donations to the legal aid activities. Article 8. Social organizations such as social bodies and public institutions are supported and encouraged by the state to provide legal aid to the economically difficult citizens with their own resources. Article 9. The organizations and individuals that have made outstanding contributions in the legal aid work shall be commended and awarded by the people's government or administrative department of justice concerned. CHAPTER II SCOPE OF LEGAL AID Article 10. In any of the following situations where any citizen needs an agent and fails to entrust one due to economic difficulties, he or she may apply to the legal aid institutions for legal aid: (1) Requesting for state compensations; (2) Requesting for social insurance treatment or minimum life alimony treatment; (3) Requesting for survivor's pensions or relief funds; (4) Requesting for the payment for supporting parents or grandparents, and children; (5) Requesting for the payment of labor remunerations; or (6) Claiming civil rights and interests arising from the brave act of righteousness. The people's government of the provinces, autonomous regions, and municipalities directly under the Central Government may make supplementary provisions regarding the legal aid matters other than those described in the preceding paragraph. Citizens may seek legal consultation from the legal aid institutions in terms of the matters described in Paragraphs 1 & 2 of the present Article. Article 11. If, in the course of criminal proceedings, any of the following circumstances occurs, a citizen concerned may apply to the legal aid institutions for legal aid: (1) A criminal suspect fails to hire a lawyer due to economic difficulties after he is interrogated for the first time by the investigation organ or as of the day when mandatory measures are effected; (2) The victim or the legal agent or close relation thereof in public prosecution cases fail to hire a agent ad litem due to economic difficulties as of the day when the case is transferred for examination for filing a prosecution; or (3) A private prosecutor or the legal agent thereof in private prosecution cases fails to hire a agent ad litem due to economic difficulties as of the day when the case is established by the people's court. Article 12. In a case where public prosecutors appear in court trial, of the accused fails to hire a defendant lawyer due to economic difficulties or any other reason, and if the people's court designates a lawyer for the accused, the legal aid institutions shall provide legal aid services. Where the accused is blind, deaf, or dumb, or is a minor and fails to hire a lawyer, of if the accused who may be sentenced to capital punishment fails to hire a defendant lawyer, and if the people's court designates a defendant lawyer for him, the legal aid institutions shall offer legal aid services, and do not have to examine the economic standing of the accused. Article 13. The standard of economic difficulty mentioned in the present Regulation shall be set down by the people's government of the province, autonomous region, and municipality directly under the Central Government in light of the economic development and the demand of the legal aid of the locality. Where the standard of economic difficulty is not identical to that of the place where the legal aid institution that accepts the application is situated, the standard of the place where the legal aid institution that accepts the application is situated shall apply. CHAPTER III APPLICATION FOR LEGAL AID AND THE EXAMINATION Article 14. Where any citizen applies for legal aid for any of the matters described in Article 10 of the present Regulation, he shall file the application according to the following provisions: (1) In the case of requesting for state compensations, the application shall be filed to the legal aid institution where the organ obliged to pay compensations is situated; (2) In the case of requesting for enjoying minimum social insurance treatment, minimum life alimonies, or for survivor's funds or relief funds, the application shall be filed to the legal institution of the place where the organ obliged to pay the social insurance treatments, minimum life alimonies, or survivor's funds or relief funds is situated; (3) In the case of requesting for payments for supporting parents, grandparents, or children, the application shall be filed to the legal aid institution of the place where the person obliged to pay for the support of parents, grandparents, or children is situated; (4) In the case of requesting for payment of labor remunerations, the application shall be filed to the legal aid institution of the place where the person obliged to pay the labor remunerations is situated; (5) In the case of claiming civil rights and interests arising from brave acts of righteousness, the application shall be filed to the legal aid institution where the obligee is situated. Article 15. Where any of the people mentioned in Article 11 of the present Regulation applies for legal aid, he shall file the application to the legal aid institution of the place where the people's court that hears the case is situated. The application of the criminal suspects under detention shall be transferred by the detention house within 24 hours to the legal aid institution, and the relevant certificates and proof materials required in the legal aid shall be provided by the legal agent or close relation of the applicant upon notification of the detention house. Article 16. Where the applicant is one with no or limited civil capacities, the application shall be filed by the legal agent thereof. Where any one with no or limited civil capacities needs legal aid due to litigation or any other dispute between himself and the legal agent thereof, the application shall be filed by a different legal agent thereof on his behalf that has no interest in the dispute. Article 17. To apply for legal aid in agency or criminal defense, a citizen shall present the following certificates and materials of proof: (1) Identity card or any other valid proof of identity, and the agent of the applicant shall present proof to show his right of agency; (2) Certification of economic difficulties; and (3) Other case materials relating to the matters of legal aid. An application shall be filed in writing, and an application form shall be filled in. Where it is indeed difficult for any one file the application in writing, he may file it in oral form, and the staff of the legal aid institution or the staff of the institution concerned that presents the application on his behalf shall make a written transcript. Article 18. After receiving an application for legal aid, the legal aid institution shall make examinations. If it thinks that the certificates and materials of proof are not complete, it may require the applicant to make necessary supplements or explanations. If the applicant fails to make supplements or explanations required, it shall be deemed that he has withdrawn the application. If it believes that any of the certificates or materials of proof needs investigation and verification, it shall have it investigated and verified by relevant organ or entity. If the applicant is found to be eligible for legal aid, the legal aid institution shall make a timely decision to provide legal aid. If he is not eligible for legal aid, it shall inform the applicant of the reasons in written form. Article 19. If the applicant is dissatisfied with the decision of the legal aid institution that he is not eligible for legal aid, he may make a complaint to the administrative department of justice that govern the legal aid institution, and the administrative department of justice shall make examinations within 5 office days as of receiving the complaint. If it believes, upon examination, that the applicant is eligible for legal aid, it shall order the legal aid institution in written form to provide legal aid in good time. CHAPTER IV IMPLEMENTATION OF LEGAL AID Article 20. As for a case in which the people's court designates a defense lawyer, the people's court shall, 10 days before the opening of the court hearing, service the notice of designated defense and a copy of the bill of prosecution or a copy of the judgment to the legal aid institution where it is situated. Where the people's court hears the case in a place different from where it is situated, it may service the notice of designated defense and a copy of the bill of prosecution or judgment to the legal aid institution of the place of court hearing. Article 21. The legal aid institutions may designate a law firm to arrange for lawyers or any other staff of the law firm to handle the legal aid case; it may also arrange for its own staff to handle the legal aid case required by any other social organization. As for a case in which the people's court designates a defense lawyer, the legal aid institution shall, 3 days before the opening of the court hearing, inform the people's court that made the designation of the names of the people that will handle the legal aid case. Article 22. Any one who handles a case of legal aid shall observe his professional ethnics and the disciplines of practicing, and may not accept any money or property for the legal aid. Article 23. In case any of the following situations arises, the people that handle a legal aid case shall report to the legal aid institution, and if it is verified by the legal aid institution upon examination, it shall terminate the legal aid: (1) The economic standing of the person under legal aid changes so that he is no longer eligible for legal aid; (2) The hearing of the case has been terminated or the case has been canceled; (3) The person under legal aid entrusts any lawyer or any other agent on his own initiative; or (4) The person under legal aid requests for terminating the legal aid. Article 24. A lawyer who is designated to handle a legal aid case or any staff of any other social organization that accepts for handling the legal aid case shall, when the case finishes, present materials to the legal aid institution such as duplicates or photocopies of legal documents and a report of concluding the case. After receiving the materials of concluding the case provided in the preceding paragraph, the legal aid institution shall pay subsidies for handling the legal aid case to the lawyers that handled the case upon designation or the staff of the social organization that handled the case. The rate of subsidies for handling legal aid cases shall be determined by the administrative department of justice under the people's government of the province, autonomous region, or municipality directly under the Central Government in collaboration the department of public finance on the same level in light of the level of economic development and with consideration to factors such as the average cost of handling various legal aid cases, and it may be readjusted where necessary. Article 25. The legal aid institutions shall handle the applications of the citizens for legal consultations in good time. If the case is complicated or difficult, it may make an appointment to handle it at a selected time. CHAPTER V LEGAL LIABILITIES Article 26. If the legal aid institution or the staff thereof commits any of the following acts, the person-in-charge who is directly responsible and any other people who are held liable shall be given a disciplinary sanction: (1) Providing legal aid services to any person that is not eligible for legal aid, or refusing to provide legal aid services to any person eligible for legal aid; (2) Accepting any money or property for handling the legal aid case; (3) Being engaged in paid legal services; or (4) Misappropriating, privately dividing, or embezzling any of the legal aid funds. The properties accepted for the handling of legal aid cases shall be returned upon the order of the administrative department of justice, and the illegal gains obtained from the provision of paid legal services shall be confiscated by the administrative department of justice. The legal aid fund that are misappropriated, privately divided, or embezzled shall be recovered upon the order of the administrative department of justice. If the circumstance is so serious that any crime is constituted, the offenders shall be subject to criminal liabilities. Article 27. Any law firm that refuses the designation of the legal aid institution for legal aid or failing to arrange for its own lawyers to handle legal aid cases shall be given a warning or be ordered to get right by the administrative department of justice. If the circumstances are serious, it may be given the penalty of suspending business for more than one month but less than three months. Article 28. In any of the following situations, a lawyer shall be given a warning or be ordered to get right by the administrative department of justice. If the situation is serious, he may be given the penalty of suspending business for more than one month but less than three months: (1) Refusing to accept without good reasons or terminating without permission any legal aid case; or (2) Accepting any money or property in the handling of legal aid cases. Any one who commits the act described in Item 2 of the preceding paragraph shall be ordered by the administrative department to return the accepted money or property, and may be imposed upon a fine of more than one time but less than three times the value of the money or property accepted. Article 29. Any lawyer who fails to observe his professional ethics or disciplines of practicing in the handling of any legal aid case shall be subject to punishment according to the Law on Lawyers. Article 30. If any of the staff of the administrative department of justice abuses his power or neglects his duties in the supervision and administration of legal aid, he shall be given administrative sanctions. If the circumstances are so serious that any crime is constituted, he shall be subject to criminal liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 31. The present Regulation shall be implemented as of September 1, 2003. |
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