A few days ago, the Supreme people's Court, the Supreme people's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the measures for the implementation of the legal Aid Law (hereinafter referred to as the "measures"). We will further strengthen the cooperation and cooperation of the people's courts, people's procuratorates, public security organs and judicial administrative organs in the process of handling legal aid cases, and earnestly safeguard the legitimate rights and interests of recipients.

In order to better implement the the People's Republic of China Legal Aid Law, ensure that the parties receive legal aid in accordance with the law, and provide convenience for legal aid personnel to carry out their work, the Measures further clarify the division of responsibilities of the people's courts, people's procuratorates, public security organs, and judicial administrative organs. The coordination mechanism has been improved, and the work connection has been strengthened to provide a system guarantee for the standardized, orderly and efficient handling of legal aid cases.

There are 30 articles in the "Measures". The main contents include: First, to refine the responsibilities of various departments. Clarify the work responsibilities of the people's courts, people's procuratorates, public security organs, and supervision places in the handling of legal aid cases, and refine the responsibilities of judicial administrative agencies and legal aid agencies. The second is to deepen cooperation in all aspects. In the process of handling legal aid cases, the people's courts, people's procuratorates, public security organs and supervision places shall perform their legal duties, inform the parties concerned that they have the right to apply for legal aid in accordance with the law, transfer legal aid applications to legal aid institutions and provide relevant documents and materials. It regulates the procedures for the assignment and communication of legal aid agencies, and makes special provisions for the connection between legal aid and judicial assistance. The third is to optimize the multi-measure guarantee. It is clear that the people's courts, people's procuratorates, and public security organs shall promptly inform legal aid institutions and legal aid personnel of important information such as changes in court dates, compulsory measures, or places of detention, and standardize the service of relevant legal documents within the legal time limit, so as to provide convenience for legal aid personnel to meet, read papers, understand the case, and ensure that legal aid personnel perform their duties in accordance with the law. Emphasize the strengthening of information technology to ensure the effective development of legal aid work. Fourth, strengthen all-round supervision. In the process of handling legal aid cases, judicial administrative organs are required to supervise the quality of legal aid services in various ways, and the people's courts, people's procuratorates and public security organs should provide assistance and cooperation. In addition, it is clear that the relevant provisions of the "measures" shall apply to the handling of criminal cases by state security organs, military security departments, China Maritime Police Bureau and prisons.

Measures for the Implementation of the Legal Aid Law

Article 1 In order to regulate and promote legal aid work and ensure the correct implementation of laws, these Measures are formulated in accordance with the the People's Republic of China Legal Aid Law and other relevant laws.

Article 2 Legal aid work shall adhere to the leadership of the Communist Party of China, adhere to the people as the center, respect and protect human rights, follow the principles of openness, fairness and justice, and implement the combination of state security and social participation.

Article 3 The Ministry of Justice shall direct and supervise the legal aid work throughout the country. The judicial administrative organs at or above the county level shall guide and supervise the legal aid work in their respective administrative regions.

Article 4 The people's courts, people's procuratorates and public security organs shall, within the scope of their respective functions and duties, ensure that the parties concerned receive legal aid in accordance with the law and facilitate the work of legal aid personnel.

The people's courts, people's procuratorates, public security organs, and judicial administrative organs shall establish and improve communication and coordination mechanisms, and do a good job in the connection of rights notification, application transfer, and case handling, so as to ensure the normal development of legal aid work.

Article 5 The judicial administrative organs shall guide and supervise the legal aid work and perform the following duties according to law:

(I), organize and implement legal aid laws, regulations and rules, improve the legal aid system, and strengthen information construction, personnel training, and law popularization;

(II) guide and supervise legal aid institutions and legal aid staff, supervise and manage the quality of legal aid services and the use of funds;

(III) coordinate and promote the construction of a high-quality legal aid team, coordinate the allocation of legal service resources, and support and regulate the participation of social forces in legal aid work;

The (IV) shall, in accordance with the relevant provisions, commend and reward organizations and individuals that have made outstanding contributions to legal aid work;

(V) accept, investigate and handle legal aid objections, complaints and reports within the jurisdiction;

(VI) establish a legal aid information disclosure system, publish legal aid related laws and regulations, policy announcements, case quality supervision and management information to the public in accordance with the law, and accept social supervision;

(VII) other duties that should be performed according to law.

Article 6 The people's courts, people's procuratorates and public security organs shall perform the following duties in accordance with the law in handling cases or related affairs:

(I) promptly inform the parties concerned that they have the right to apply for legal aid in accordance with the law, and transfer the legal aid application submitted by the criminal suspect or defendant in custody;

The (II) informed that the criminal suspect and defendant who did not entrust a defender and the legal aid agency did not appoint a lawyer to provide defense for him have the right to meet with the lawyer on duty to ensure that the lawyer on duty provides legal assistance in accordance with the law;

If a criminal suspect or defendant in a (III) criminal case belongs to the the People's Republic of China Legal Aid Law and should be notified of the defense situation, the legal aid agency shall be notified to appoint a qualified lawyer as the defender;

(IV) provide convenience for legal aid personnel to understand the relevant situation of the case, read the papers and meet with each other according to law;

(V) other duties that should be performed according to law.

Article 7 Supervision places such as detention centers, prisons and compulsory isolation drug rehabilitation centers shall perform the following duties according to law:

(I) the transfer of legal aid applications from detained criminal suspects, defendants, prisoners, and compulsory isolation of drug addicts;

(II) provide convenience for legal aid personnel to understand the relevant situation of the case and meet with them according to law;

(III) other duties that should be performed according to law.

Article 8 A legal aid institution shall organize and implement the legal aid work and perform the following duties according to law:

The (I) provides legal advisory services through service windows, telephone calls, and the Internet, reminding the parties that they have the right to apply for legal aid in accordance with the law, and informing them of the conditions and procedures for applying for legal aid;

(II) accept and examine applications for legal aid, and make timely decisions on granting or not granting legal aid;

(III) assign or arrange for legal aid personnel to provide legal aid services that meet the standards;

(IV) payment of legal aid subsidies;

(V) set up legal aid workstations or contact points according to work needs;

(VI) regularly publish information on the use of legal aid funds, case handling, and quality assessment to the public, and accept social supervision;

(VII) other duties that should be performed according to law.

Article 9 The people's courts, people's procuratorates and public security organs shall perform the following notification obligations in accordance with law:

When (I) public security organs and people's procuratorates interrogate criminal suspects for the first time or take compulsory measures against criminal suspects, they shall inform criminal suspects that they have the right to entrust defenders, and inform them that if they meet the conditions for legal aid, they and their close relatives may apply to legal aid institutions for legal aid;

The (II) People's Procuratorate shall, within three days from the date of receiving the case materials transferred for review and prosecution, inform the criminal suspect that he has the right to entrust a defender, and inform him that if he meets the conditions for legal aid, he and his close relatives can apply to the legal aid agency. For legal aid, the victim and his legal representative or close relatives shall be informed that they have the right to entrust an agent ad litem, and if they meet the conditions for legal aid, they can apply for legal aid;

The (III) people's court shall, within three days from the date of accepting the case, inform the parties to the case and their legal representatives or close relatives that they have the right to apply for legal aid according to law;

(IV) the party does not accept the effective judgment or decision of the judicial organ to appeal or apply for retrial, the people's court decides or rules for retrial or the people's procuratorate lodges a protest, it shall perform the relevant notification duties within three days from the date of the decision, ruling for retrial or protest;

If a criminal suspect or defendant is (V) to have the circumstances specified in Article 25 of the the People's Republic of China Legal Aid Law, the people's court, the people's procuratorate, and the public security organ shall inform him that if he does not entrust a defender, he will notify the legal aid agency to appoint a defender for him in accordance with the law.

Article 10 A notification may be made orally or in writing, and the content of the notification shall be easily understood by the person being notified. In the case of face-to-face oral notification, a record shall be made and signed by the person being told; in the case of telephone notification, it shall be recorded; in the case of written notification, the receipt of service shall be recorded. If the informed person expresses the will to apply for legal aid on the spot, it shall be recorded.

Article 11: Where detained criminal suspects, defendants, prisoners, and compulsory drug addicts apply for legal aid, the people's court, people's procuratorate, public security organs, and supervision places shall be 24 hours after receiving the application. The application is transferred to the legal aid agency, and the applicant's legal representative, close relatives, or other personnel entrusted by the applicant are notified within three days to assist in providing relevant documents, certificates and other materials to the legal aid agency. If the applicant is unable to notify his legal representative, close relatives or other personnel entrusted by him or her, he or she shall inform the legal aid institution at the time of forwarding the application, and the legal aid institution shall make a record.

For cases in which criminal suspects and defendants apply for legal aid, legal aid agencies can ask the people's courts, people's procuratorates, and public security organs to find out whether the criminal suspects and defendants have financial difficulties and other legal aid application conditions in the process of handling the case.

Article 12: If a people's court, people's procuratorate, or public security organ discovers that a criminal suspect or defendant belongs to the "the People's Republic of China Legal Aid Law" and should be notified for defense, it shall notify the legal aid agency to assign a lawyer within three days from the date of discovery.

If the people's court, the people's procuratorate or the public security organ notifies the legal aid institution to appoint a lawyer as the defender, it shall send the legal aid notice document, the decision to take compulsory measures or the prosecution opinion, the copy of the indictment, the judgment and other documents to the legal aid institution.

The legal aid notification document shall specify the name of the criminal suspect or defendant, the suspected crime, the place of detention or residence, the reason and basis for the defense of the notification, the name and contact information of the contact person of the case-handling organ, etc.

Article 13 within three days from the date when the people's court accepts the application for compulsory medical treatment or finds that the defendant meets the conditions for compulsory medical treatment, if the respondent or the defendant does not entrust an agent ad litem, it shall send a legal aid notice to the legal aid institution, notify the legal aid institution to appoint a lawyer to act as the agent ad litem of the respondent or defendant to provide legal aid for him.

If the people's procuratorate applies for compulsory medical treatment, the people's court shall send a copy of the application for compulsory medical treatment to the legal aid institution.

The legal aid notification document shall specify the name of the respondent or the defendant, the name and contact information of the legal representative, the name and contact information of the case-handling agency and the contact person.

Article 14 Lawyers on duty shall provide legal assistance such as legal advice, procedure selection suggestions, application for change of compulsory measures, and opinions on case handling for criminal suspects and defendants without defenders.

The people's court, the people's procuratorate and the public security organ shall serve the notice of legal assistance on the legal aid institution or directly on the on-site lawyer on duty three working days before the determined date of legal assistance. If there is no on-site lawyer on duty during this period, the legal aid agency shall determine the on-duty lawyer within two working days from the date of receiving the legal assistance notice, and notify the people's court, the people's procuratorate, and the public security organ.

Article 15 Where a party applies to a legal aid institution for legal aid on the basis of the decision of the people's court, the people's procuratorate or the public security organ to grant judicial assistance to the state or the decision of the people's court to grant judicial assistance, the legal aid institution shall be exempted from verifying the situation of economic difficulties.

Article 16 A legal aid institution shall, within seven days from the date of receipt of an application for legal aid, conduct an examination and make a decision on whether or not to grant legal aid. If the decision is made to grant legal aid, legal aid personnel shall be assigned to provide legal aid to the recipient within three days from the date of making the decision; if the decision is not to grant legal aid, the applicant shall be informed in writing and the reasons shall be explained.

The legal aid institution shall, within three days from the date of receiving the legal aid notice from the people's court, the people's procuratorate and the public security organ, appoint a lawyer and inform the people's court, the people's procuratorate and the public security organ by letter. The official letter of legal aid shall specify the name, unit and contact information of the undertaking lawyer.

Article 17: Legal aid personnel shall abide by relevant laws, regulations, rules and regulations, and do a good job of meeting, reading papers, investigating, collecting evidence, participating in court hearings, and submitting written opinions according to the situation of the case, and provide recipients with standards in accordance with the law. Legal aid services.

Article 18 When determining the date of the hearing of a case, the people's court shall reserve necessary preparation time for the legal aid personnel to appear in court and notify the legal aid personnel three days before the hearing, except as otherwise provided by law.

If the people's court decides to change the date of the hearing, it shall notify the legal aid personnel three days before the hearing, except as otherwise provided by law. Legal aid personnel who are unable to appear in court on time for justifiable reasons may apply to the people's court for postponing the hearing. If the people's court agrees to postpone the hearing, it shall promptly notify the legal aid personnel.

Article 19 Where a people's court, a people's procuratorate or a public security organ changes the compulsory measures or places of detention of a criminal suspect or defendant, it shall promptly inform the lawyer handling the legal aid case.

Article 20 for criminal legal aid cases, after the public security organ cancels the case or transfers it for examination and prosecution, after the people's Procuratorate makes a decision to initiate public prosecution, not to prosecute or to cancel the case, after the people's court terminates the trial or makes a ruling, and after the public security organ, the people's Procuratorate or the people's court transfers the case to other organs for handling, A copy or photocopy of the relevant legal documents shall be delivered to the lawyer handling the case within five days.

Legal documents such as the prosecution opinion of the public security organ, the indictment and non-prosecution decision of the people's procuratorate, and the judgment and ruling of the people's court shall specify the name of the legal aid institution that made the assignment, the name of the undertaking lawyer, and the unit to which it belongs.

Article 21 legal aid personnel shall promptly receive the judgment, ruling, mediation, arbitration award, administrative reconsideration decision and other relevant legal documents of the case they undertake, and submit the closing materials for filing in accordance with the provisions.

Article 22: In one of the circumstances specified in Article 48 of the the People's Republic of China Legal Aid Law, the legal aid agency shall make a decision to terminate legal aid, prepare a decision to terminate legal aid and serve it to the recipient, and make the decision. Letter to the people's court, people's procuratorate, and public security organ within three days from the date of the decision.

If the people's court, the people's procuratorate, or the public security organ discovers the circumstances specified in the preceding paragraph in the process of handling a case, it shall promptly notify the legal aid agency by letter.

Article 23 If the defendant refuses the lawyer assigned by the legal aid institution to defend him and insists on exercising his right of defense, and the people's court permits according to law, the legal aid institution shall make a decision to terminate the legal aid.

For cases that should be notified of defense, if the criminal suspect or defendant refuses to be defended by the assigned lawyer, the people's court, the people's procuratorate, and the public security organ shall find out the reasons. If the reason is justified, it shall be allowed, but the criminal suspect or defendant shall appoint another defender within five days; if the criminal suspect or defendant does not entrust another defender, the people's court, the people's procuratorate, and the public security organ shall notify the law within three days. The aid agency assigns another lawyer to provide defense for him.

Article 24 The personal safety and professional dignity of legal aid personnel shall be protected by law.

Legal aid personnel have the right to refuse any interference with the performance of their duties, and to truthfully record and report in accordance with the provisions. Legal aid personnel have the right to lodge complaints against violations of their rights.

If legal aid personnel suffer false reports, false accusations, frame-up, insults and slander due to the performance of their duties in accordance with the law, resulting in damage to their reputation, the relevant units or individuals shall be investigated for responsibility in accordance with the law.

Article 25 the people's courts, people's procuratorates, public security organs and judicial administrative organs shall strengthen the construction of informatization, establish and improve the legal aid information exchange platform, realize business coordination and information interconnection, timely and accurately transmit and exchange relevant legal documents by using modern information technology, improve the informatization level of legal aid, and ensure the effective development of legal aid work.

Article 26 Legal aid institutions shall comprehensively use measures such as court hearings, case file inspections, consultation with judicial organs, and return visits to aid recipients to urge legal aid personnel to improve service quality.

The people's courts, people's procuratorates, and public security organs shall cooperate with judicial administrative organs and legal aid institutions in the supervision of the quality of legal aid services, assist judicial administrative organs and legal aid institutions in investigating and verifying complaints and reports, and respond to inquiries.

Article 27: If the people's courts, people's procuratorates, and public security organs discover that legal aid personnel have violated laws and regulations in the process of handling a case, they shall promptly notify the judicial administrative agency and legal aid agency of the relevant situation, and the judicial administrative agency and legal aid agency shall Report the results of the investigation and handling to the notification unit.

Article 28 The provisions of these Measures concerning public security organs shall apply to the handling of criminal cases by State security organs, military security departments, the China Maritime Police Bureau and prisons, except where there are special provisions by law.

Article 29 the term "legal aid personnel" as mentioned in these measures refers to lawyers, grass-roots legal service workers, legal aid volunteers and staff with lawyer qualification or legal professional qualification who accept the assignment or arrangement of legal aid institutions and provide legal aid services to citizens with financial difficulties and other parties who meet the legal conditions.

Article 30 These Measures shall enter into force as of the date of promulgation.

Source: People's Court News and Media Headquarters

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