Regulations on the Procedure for Handling Legal Aid Cases (Revised in 2023)
(Promulgated by Order No. 124 of the Ministry of Justice on April 9, 2012, revised by Order No. 148 of the Ministry of Justice on July 11, 2023)
Chapter 1 General Provisions
Article 1: In order to standardize the procedures for handling legal aid cases and ensure the quality of legal aid, this regulation is formulated in accordance with the provisions of relevant laws and administrative regulations such as the Law of the People's Republic of China on Legal Aid and the Regulations on Legal Aid.
Article 2: Legal aid institutions shall organize the handling of legal aid cases, and law firms, grassroots legal service centers, and legal aid personnel shall handle legal aid cases, and these provisions shall apply.
The legal aid personnel referred to in these regulations refer to lawyers, grassroots legal service workers, legal aid volunteers, and staff members with legal qualifications or legal profession qualifications in legal aid institutions who are appointed or arranged by legal aid institutions to provide legal aid services to economically disadvantaged citizens and other parties that meet legal conditions in accordance with the law.
Article 3 In handling legal aid cases, the leadership of the CPC should be adhered to, the people should be the center, human rights should be respected and protected, and the principles of openness, fairness and impartiality should be followed.
Article 4 Legal aid institutions shall establish and improve working mechanisms, strengthen information technology construction, and provide convenience for citizens to obtain legal aid.
Legal aid institutions that provide legal aid services to the elderly and disabled should provide accessible facilities, equipment, and services according to the actual situation.
Article 5: Legal aid personnel shall comply with relevant legal service business regulations in accordance with laws, regulations, and these provisions, promptly provide legal aid services that meet the standards for the recipient, and safeguard the legitimate rights and interests of the recipient.
Article 6 Legal aid personnel shall abide by professional ethics and professional discipline, consciously accept supervision, and shall not collect any property from the recipient.
Article 7 Legal aid institutions and personnel shall keep confidential the state secrets, trade secrets, and personal privacy that they come to know during the process of providing legal aid.
Chapter 2 Application and Acceptance
Article 8 Legal aid institutions shall publicly disclose their office address, contact information, and other information to the public, and publish and timely update legal aid conditions, procedures, application material catalogs, and application demonstration texts in reception venues and government websites of judicial administrative organs.
Article 9 Legal aid institutions shall organize legal aid personnel to provide legal advice, draft legal documents on behalf of others, and provide legal assistance from duty lawyers in accordance with relevant regulations and service standards. During the process of providing legal advice, drafting legal documents on behalf of others, and providing legal assistance from duty lawyers, legal aid personnel should inform those who may meet the conditions for legal aid in agency or criminal defense that they can apply in accordance with the law.
Article 10: For legal aid in litigation matters, the applicant shall apply to the legal aid institution in the place where the case handling authority is located; For legal aid in non litigation matters, the applicant shall apply to the legal aid institution in the location of the dispute resolution authority or the place where the matter occurred.
If an applicant applies to two or more legal aid institutions with jurisdiction for the same matter, the first legal aid institution to receive the application shall accept it.
Article 11: If an applicant applies for agency or criminal defense legal aid due to economic difficulties, the applicant shall truthfully submit the following materials:
(1) Legal Aid Application Form;
(2) Resident ID card or other valid identification documents, and if applying on behalf of others, proof of agency power should also be submitted;
(3) A statement of economic difficulties, if there are any documents or supporting materials that can explain the economic situation, they can be provided together;
(4) Other materials related to the legal aid application.
If it is indeed difficult to fill out the legal aid application form or the economic difficulties statement form, the staff of the legal aid institution or the staff of the organ or unit that transferred the application shall fill it out on their behalf. After confirming that there are no errors, the applicant shall sign or fingerprint.
If a party who meets the requirements of Article 32 of the Law of the People's Republic of China on Legal Aid applies for legal aid in agency or criminal defense, they shall submit the materials specified in the first paragraph (1), (2), and (4).
Article 12 Where a suspect, defendant, prisoner, or a person who is in compulsory isolation for drug rehabilitation in custody files an application for legal aid, the application may be forwarded through the case handling organ or the place under supervision. The case handling authorities and regulatory authorities shall submit the application materials to the legal aid institution within 24 hours.
If the suspect or defendant applies for legal aid such as agency and criminal defense through the lawyer on duty, the lawyer on duty shall deliver the application materials to the legal aid institution within 24 hours.
Article 13: Legal aid institutions shall handle legal aid applications submitted by applicants according to the following circumstances:
（1）If the application materials submitted by the applicant meet the requirements, they shall be accepted and a written certificate of receipt of the application materials shall be issued to the applicant, stating the name, quantity, date, etc. of receipt of the application materials;
（2）If the application materials submitted by the applicant are not complete, they should be informed of all the necessary supplementary information at once, or required to provide necessary explanations. If the applicant fails to supplement materials or provide explanations as required, the application shall be deemed to have been withdrawn;
（3）If the application matters do not fall within the scope of acceptance by this legal aid institution, the applicant shall be notified to apply to a legal aid institution with jurisdiction or apply to relevant departments for processing.
Chapter 3 Review
Article 14 Legal aid institutions shall review legal aid applications and determine whether they meet the following conditions:
（1） The applicant is a citizen or other party that meets the legal conditions;
（2） The application belongs to the scope of legal aid;
（3） Meets economic hardship standards or other legal conditions.
Article 15: Legal aid institutions may verify the applicant's financial difficulties through information sharing and inquiry, or the applicant may make personal integrity commitments.
Legal aid institutions may conduct verification work and verify relevant information with relevant departments, units, village committees, resident committees, or individuals in accordance with the law.
Article 16: If the legal aid institution that accepts the application needs to verify the relevant situation in a different location, it may request cooperation from the legal aid institution in the location where the verification matter is located.
If a legal aid institution requests cooperation, it shall send a cooperation letter to the requested legal aid institution, explaining the basic situation, items that need to be verified, and the processing time limit. The requested legal aid institution should cooperate. If collaboration is not possible due to objective reasons, a written explanation of the reasons should be provided to the legal aid institution requesting collaboration in a timely manner.
Article 17: Legal aid institutions shall conduct an examination within seven days from the date of receiving the application for legal aid and make a decision on whether to grant legal aid.
The time required for the applicant to supplement materials and provide explanations, as well as the time required for legal aid institutions to request collaborative verification from other legal aid institutions, shall not be included in the review period.
Article 18: After examination, a legal aid institution shall determine that the applicant has financial difficulties in any of the following situations:
(1) The applicant and their family members living together meet the economic difficulties standards set by the people's government of the province, autonomous region, or municipality where the legal aid institution is located;
(2) The other party to the application is a family member living together with the applicant, and the applicant meets the economic difficulties standards set by the people's government of the province, autonomous region, or municipality where the legal aid institution is located;
(3) In accordance with Article 42 of the Legal Aid Law of the People's Republic of China, the materials submitted by the applicant are true and valid.
Article 19: After examination, legal aid institutions shall decide to provide legal aid to those who meet the conditions for legal aid and prepare a decision letter for providing legal aid; For those who do not meet the conditions for legal aid, a decision should be made not to provide legal aid and a decision letter should be made not to provide legal aid.
The decision not to grant legal aid shall specify the reasons for not granting legal aid and the channels and methods for the applicant to raise objections.
Article 20: The decision to provide legal aid or the decision not to provide legal aid shall be sent to the applicant; If it falls under the circumstances specified in Article 39 of the Legal Aid Law of the People's Republic of China, the legal aid institution shall also notify the relevant case handling authorities and regulatory authorities at the same time.
Article 21: If a legal aid institution provides legal aid in accordance with Article 44 of the Legal Aid Law of the People's Republic of China, the recipient shall, within the time limit required by the legal aid institution, complete relevant procedures and supplement relevant materials.
Article 22: If an applicant has objections to the decision of a legal aid institution not to provide legal aid, they shall, within 15 days from the date of receipt of the decision, submit them to the judicial administrative organ that established the legal aid institution.
Article 23: Thejudicial administrative organs shall conduct an examination within five days from the date of receiving the objection. If they believe that the applicant meets the conditions for legal aid, they shall order the legal aid institution to provide legal aid to the applicant in writing and inform the applicant in writing; If it is deemed that the applicant does not meet the conditions for legal aid, a decision shall be made to maintain the legal aid institution's rejection of legal aid, and the applicant shall be notified in writing with reasons explained.
If the applicant is dissatisfied with the decision of the judicial administrative organ to maintain the legal aid institution, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Chapter 4 Assignment
Article 24: Legal aid institutions shall, within three days from the date of making the decision to provide legal aid, appoint law firms or grassroots legal service institutions in accordance with the law to arrange for their own lawyers or grassroots legal service workers, or arrange for their own qualified lawyers or legal professionals to handle legal aid cases.
For criminal legal aid cases where defense or agency is notified, the legal aid institution shall, after receiving a notice from the people's court, people's procuratorate, or public security organ requesting the appointment of a lawyer, appoint a lawyer to handle the legal aid case within three days and notify the people's court, people's procuratorate, or public security organ.
Article 25 Legal aid institutions shall, based on factors such as the number of personnel, professional expertise, and professional experience of their own institutions, law firms, and grassroots legal service institutions, reasonably appoint handling institutions or arrange for legal aid institution staff to handle cases.
After receiving assignments, law firms and grassroots legal service agencies shall promptly arrange for their lawyers and grassroots legal service workers to handle legal aid cases.
Article 26: For individuals who may be sentenced to life imprisonment or death penalty, as well as defendants in death penalty review cases, legal aid institutions shall, upon receiving notification from the people's court, people's procuratorate, or public security organ, appoint lawyers with at least three years of criminal defense experience as defenders.
For criminal cases involving minors, legal aid institutions shall assign lawyers who are familiar with the physical and mental characteristics of minors as defenders after receiving notifications from the people's courts, people's procuratorates, and public security organs.
Article 27: The unit to which legal aid personnel belong shall sign an authorization agreement and power of attorney with the recipient or their legal representative or close relatives within five days from the date of arrangement or receipt of appointment, except for those who cannot be signed on time due to the recipient's reasons or other objective reasons.
Article 28 Where a legal aid institution has appointed a lawyer to provide defense for a suspect or defendant, and the guardian or close relative of a suspect or defendant has entrusted a defender on his behalf, and the suspect or defendant decides to accept the entrustment of defense, the lawyer shall report to the legal aid institution in a timely manner. Legal aid institutions shall handle matters in accordance with relevant regulations.
Chapter 5 Undertaking
Article 9 When undertaking criminal defense legal aid cases, lawyers shall meet with suspect and defendants in a timely manner according to law, learn about the case and make notes. The written record shall be signed or fingerprinted by the suspect or defendant after confirmation. If the suspect or the defendant is unable to read, the lawyer shall read the transcript to the suspect or the defendant and record it in the transcript.
For the case notified for defense, the lawyer shall ask whether he agrees to defend the suspect or defendant when he first meets them, and record it on the record. If the suspect or defendant disagrees, the lawyer shall notify the people's court, the people's procuratorate, the public security organ and the legal aid institution in writing.
Article 30 Legal aid personnel handling criminal agency, civil, administrative and other legal aid cases shall meet with the recipient or their legal representatives or close relatives to understand the situation of the case and make written records, except for those who cannot meet on time due to the recipient's reasons.
When legal aid personnel first meet with the recipient or their legal representative or close relatives, they should inform them of the following matters:
（1） The agency responsibilities of legal aid personnel;
（2） If it is found that the recipient may meet the conditions for judicial assistance, inform them of the application method and channels;
（3） The main litigation risks and legal consequences of this case;
（4） The rights and obligations of the recipient in litigation.
Article 31: When handling cases, legal aid personnel may investigate and handle the situation related to the case from relevant units or individuals in accordance with the law, collect materials related to the case, and may request legal aid institutions to provide necessary proof documents or coordinate with relevant organs and units as needed.
If legal aid personnel believe that it is necessary to investigate the situation or collect materials from another location, they can report to the designated or arranged legal aid institution. Legal aid institutions may request cooperation from the legal aid institution in the place where the investigation matter is located in accordance with Article 16 of these regulations.
Article 32: Legal aid personnel may assist the recipient in resolving disputes through reconciliation, mediation, and other non litigation means, and safeguard the legitimate rights and interests of the recipient to the maximum extent possible in accordance with the law.
If legal aid personnel act on behalf of the recipient to resolve disputes through reconciliation or mediation, they shall obtain the consent of the recipient.
Article 33: For criminal defense legal aid cases that are in the stage of investigation, examination and prosecution, the handling lawyer shall actively fulfill his defense duties, complete the interview and review of the case according to law within the time limit for handling the case, and provide defense opinions based on the circumstances of the case.
Article 34: For cases to be heard in court, legal aid personnel shall prepare well before the hearing; Fully express opinions, provide evidence, and cross examine evidence during the trial; After the trial is concluded, a written legal opinion shall be submitted to the people's court or labor and personnel dispute arbitration institution.
For cases that are not heard in court, legal aid personnel should promptly submit written legal opinions to the people's court after meeting or meeting with the recipient, reviewing case files, and understanding the main facts of the case.
Article 35 Legal aid personnel shall inform the recipient of the handling of the case, respond to the recipient's inquiries, and make records of the notification.
Article 36 Legal aid personnel shall report on the handling of cases in accordance with the requirements of legal aid institutions.
If a legal aid case involves one of the following circumstances, the legal aid personnel shall report to the legal aid institution:
（1）There are significant doubts regarding the determination of main evidence and the application of laws;
（2） Involving group events;
（3） Having significant social impact;
（4） Other complex and difficult situations.
Article 37: If the recipient has evidence to prove that the legal aid personnel have not fulfilled their duties in accordance with the law, they may request the legal aid institution to replace the legal aid personnel.
The legal aid institution shall decide whether to replace the recipient within five days from the date of application for replacement. If it is decided to replace it, personnel shall be assigned or arranged to handle it separately. If the people's court, the people's procuratorate or the public security organ decides to notify the suspect or defendant to defend himself or herself, the legal aid institution shall assign or arrange personnel to handle the case. Legal aid institutions should promptly notify the handling authorities of the changes.
If the legal aid personnel are replaced, the unit to which the original legal aid personnel belong shall terminate or change the authorization agreement and power of attorney with the recipient. The original legal aid personnel shall handle the transfer procedures of case materials with the replaced legal aid personnel.
Article 38: If legal aid personnel discover an interest in the case or are unable to continue handling the case due to objective reasons during the process of handling the case, they shall report to the legal aid institution. If a legal aid institution deems it necessary to replace legal aid personnel, it shall handle it in accordance with Article 37 of these regulations.
Article 39: In the event that a legal aid institution decides to terminate legal aid in accordance with Article 48 of the Law of the People's Republic of China on Legal Aid, it shall prepare a written decision to terminate legal aid, and within three days, send a notice to the recipient, notify the unit to which the legal aid personnel belong, and notify the case handling authority by letter.
If the recipient has objections to the decision of the legal aid institution to terminate legal aid, they shall handle it in accordance with Articles 22 and 23 of these regulations.
Article 40: After the handling of a legal aid case is completed, the legal aid personnel shall promptly report to the legal aid institution and submit the closing and filing materials to the legal aid institution within 30 days from the date of closure.
The investigation stage of criminal litigation cases should be concluded on the day when the handling lawyer receives the prosecution opinion or relevant legal documents revoking the case; The review and prosecution stage should be concluded on the date when the handling lawyer receives the indictment or non prosecution decision; The trial stage shall be concluded on the day when the handling lawyer receives the judgment, ruling, and mediation letter. The date on which legal aid personnel receive judgments, rulings, and mediation documents is the closing date for other litigation cases. The date on which the legal aid personnel receive the arbitration award or administrative reconsideration decision shall be the closing date of labor dispute arbitration cases or administrative reconsideration cases. The date on which the recipient and the other party reach a settlement or mediation agreement for other non litigation legal affairs shall be the closing date of the case. If there are no relevant documents, the closing date shall be the date on which the obligor begins to fulfill their obligations. If a legal aid institution terminates legal aid, the date on which the unit to which the legal aid personnel belong receives the decision to terminate legal aid shall be the closing date of the case.
Article 41 Legal aid institutions shall conduct an examination within 30 days from the date of receiving the closing and filing materials submitted by legal aid personnel. For cases with complete and standardized filing materials, legal aid subsidies should be promptly paid to legal aid personnel.
Article 42: Legal aid institutions shall organize the application, review, assignment and other materials of legal aid cases, as well as the closing and archiving materials submitted by legal aid personnel, one case per volume, and manage them uniformly.
Chapter 6 Supplementary Provisions
Article 43 If legal aid institutions, law firms, grassroots legal service centers, and legal aid personnel engage in legal aid activities in violation of these regulations, they shall be held legally responsible in accordance with the provisions of laws, regulations, and rules such as the Legal Aid Law of the People's Republic of China, the Lawyers Law of the People's Republic of China, the Legal Aid Regulations, and the Punishment Measures for Illegal Acts of Lawyers and Law Firms.
Article 44: Theday on which the period begins as mentioned in these regulations shall not be counted as within the period. If the last day of the period is a holiday, the expiration date shall be the first day after the holiday.
Article45: The format of legal aid documents shall be uniformly prescribed by the Ministry of Justice.
Article 46: These regulations shall come into effect from September 1, 2023. The "Regulations on the Procedure for Handling Legal Aid Cases" (Order No. 124 of the Ministry of Justice) promulgated by the Ministry of Justice on April 9, 2012 shall be abolished simultaneously.