Chapter III
Forms and Scope
Article 22 A legal aid institution may arrange for legal aid workers to provide the following forms of legal aid services in accordance with the law:
(1) legal advice;
(2) preparation of legal documents;
(3) criminal defense and representation;
(4) litigation and non-litigation representation in civil cases, administrative cases, and state compensation cases;
(5) legal assistance from duty lawyers;
(6) representation in labor-dispute mediation or arbitration; and
(7) other forms prescribed by laws, regulations, and rules.
Article 23 A legal aid institution shall provide legal advice through various channels such as service windows, hotlines, and the Internet; and shall remind the parties of their right to apply for legal aid in accordance with the law, and inform them of the requirements and procedures of legal aid application.
Article 24 Where a suspect or defendant in a criminal case fails to entrust his case to a defense counsel due to financial hardship or any other reason, he himself or any of his close relatives may apply to a legal aid institution for legal aid.
Article 25 Where a suspect or defendant in a criminal case is any of the following persons who fails to entrust his case to a defense counsel, the people's court, the people's procuratorate, or the public security organ shall notify a legal aid institution that it should appoint a lawyer as the defender:
(1) minors；
(2) persons with visual, hearing, or speech disabilities；
(3) adults who are unable to fully discern their own conduct；
(4) persons who may be sentenced to life imprisonment or death；
(5) defendants in death sentence review cases who apply for legal aid；
(6) defendants who are tried in absentia; or
(7) other persons prescribed by laws and regulations.
Where a defendant in any other criminal case who is tried under ordinary procedures fails to entrust his case to a defense counsel, the people's court may notify a legal aid institution that it should appoint a lawyer as his defender.
Article 26 For a person who may be sentenced to life imprisonment or death and for a defendant in a death sentence review case, the legal aid institution shall, upon receipt of the notice from the people's court, people's procuratorate or public security organ, appoint a lawyer with more than three years of relevant practice experience as his defender.
Article 27 A people's court, people's procuratorate or public security organ shall not restrict or impair the right of the criminal suspect or defendant to entrust his case to a defense counsel while notifying a legal aid institution of the need to appoint a lawyer as the defender of a criminal suspect or defendant.
Article 28 Where the respondent or defendant in a compulsory medical treatment case fails to entrust his case to an agent ad litem, the people's court shall notify a legal aid institution of the need to appoint a lawyer to provide legal aid therefor.
Article 29 Where a victim in a publicly prosecuted criminal case and his legal representatives or close relatives, the private prosecutor in a privately prosecuted criminal case and his legal representatives, or the plaintiff in a civil action incidental to a criminal case and his legal representatives fail to entrust his case to an agent ad litem due to financial hardship, they may apply to a legal aid institution for legal aid.
Article 30 Duty lawyers shall, in accordance with the law, provide criminal suspects and defendants who have no defense counsel with legal assistance including legal counselling, procedure selection recommendations, application for changes to compulsory measures, and opinions on case handling.
Article 31 A party in any of the following claims who has no representative due to financial hardship may apply to a legal aid institution for legal aid:
(1) a claim for state compensation in accordance with the law;
(2) a claim for social insurance benefits or social assistance;
(3) a claim for consolation compensation;
(4) a claim for payment of support for a parent, child, spouse or another dependent;
(5) a claim for confirmation of labor relationship or payment of labor remuneration;
(6) a claim for determination whether a citizen has no or limited capacity for performing civil juristic acts;
(7) a claim for compensation for personal injuries incurred by an occupational accident or disease, a traffic accident, a food and drug safety incident, or a medical incident;
(8) a claim for compensation for environmental pollution or ecological damage; and
(9) any other claims falling within the circumstances prescribed by laws, regulations and rules.
Article 32 Under any of the following circumstances, a party may apply for legal aid even without financial hardship:
(1) where the close relatives of a hero or martyr bring a case for safeguarding the personality rights and interests of the hero or martyr;
(2) where the party claims for relevant civil rights and interests arising from voluntarily helping others in dire need regardless of danger;
(3) where the party claims for state compensation after a substituted judgment of acquittal following a retrial;
(4) where a victim of abuse, abandonment or domestic violence claims for relevant rights and interests; and
(5) other circumstances prescribed by laws, regulations and rules.
Article 33 Where a party files a petition against, or a motion for a retrial with respect to a judicial organ's effective judgment or decision with which the party is not satisfied, and the people's court decides or rules that a retrial should be in place, or the people's procuratorate appeals against said judgement or decision, the party or his close relatives may apply to a legal aid institution for legal aid if the party fails to entrust a defense council or an agent ad litem due to financial hardship.
Article 34 The standards for financial hardship shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the central government in light of the economic development and the needs of legal aid work within their respective administrative areas and shall be subject to dynamic adjustment.
Chapter IV
Procedures and Implementation
Article 35 When handling a case or the related affairs, the people's court, people's procuratorate, public security organ or relevant department shall inform in time the parties concerned of their right to apply for legal aid in accordance with the law.
Article 36 Where a people's court, people's procuratorate or public security organ discovers any of the circumstances prescribed in the first paragraph of Article 25, or Article 28 of this Law when handling a criminal case, it shall, within three days, notify a legal aid institution of the need for appointing a lawyer. The legal aid institution shall, within three days after receiving the notice, appoint a lawyer and notify the said people's court, people's procuratorate or public security organ.
Article 37 People's courts, people's procuratorates and public security organs shall ensure that duty lawyers provide legal assistance in accordance with the law, inform the criminal suspects or defendants who have no defense counsel of the right to see duty lawyers, and provide convenience for duty lawyers to learn about the case, access the case files and meet with the criminal suspects or defendants in accordance with the law.
Article 38 For legal aid in litigation matters, the applicant shall apply to the legal aid institution in the place where the case-handling organ is located. For legal aid in non-litigation matters, the applicant shall apply to the legal aid institution in the place where the dispute resolution organ is located or where the cause of action takes place.
Article 39 Where a criminal suspect or defendant in custody, a convict serving his sentence in custody, or a drug addict in compulsory isolation applies for legal aid, the case-handling organ or the supervisory institution shall transfer the application to a legal aid institution within 24 hours.
Where a criminal suspect or defendant applies for legal aid, including legal representation, criminal defense and other legal aid services, through a duty lawyer, the duty lawyer shall transfer the application to the legal aid institution within 24 hours.
Article 40 Where a person who has no or limited capacity for performing civil juristic acts needs legal aid, his legal representative may file an application on his behalf. Where a legal representative infringes upon the legitimate rights and interests of a person who has no or limited capacity for performing civil juristic acts, other legal representatives or close relatives of said person may apply for legal aid on his behalf.
For a criminal suspect or defendant in custody, a convict serving his sentence in custody, or a drug addict in compulsory isolation, his legal representative or close relatives may apply for legal aid on his behalf.
Article 41 An applicant who applies for legal aid on the ground of financial hardship shall truthfully state his financial situation.
A legal aid institution may verify the financial status of an applicant through inquiries for information sharing or the applicant's pledge of personal integrity.
When a legal aid institution carries out the aforementioned verification, the relevant departments, entities, villagers' committees, residents' committees, and individuals shall cooperate.
Article 42 Applicants for legal aid shall be exempted from verification of their financial hardship if they have materials proving that they belong to one of the following categories:
(1) minors, the elderly, the disabled or other specific groups without a fixed source of income;
(2) recipients of social assistance, judicial assistance, consolation compensation or preferential treatment;
(3) rural migrant workers who apply for payment of labor remuneration or claim compensation for personal injuries incurred by occupational accidents or diseases; and
(4) other categories as prescribed by laws, regulations and rules.
Article 43 A legal aid institution shall examine an application for legal aid within seven days from the date of receiving it and decide whether to provide legal aid or not. If a decision is made to provide legal aid, a legal aid worker shall be appointed to provide legal aid for the recipient within three days from the date the decision is made; if the institution decides not to provide legal aid, it shall inform the applicant in writing of the decision and the reasons therefor.
If the application materials submitted by the applicant are incomplete, the legal aid institution shall inform the applicant once and for all of the missing materials, or require the applicant to provide explanations. If the applicant fails to supplement materials or provide explanations as required, the application shall be deemed to have been withdrawn.
Article 44 After receiving an application for legal aid, a legal aid institution may decide to provide legal aid in advance before formalities are finished under any of the following circumstances:
(1) where there are less than seven days before the expiration of the statutory limitation or period for a lawsuit, or an application for arbitration or administrative reconsideration to be filed in time;
(2) where an application for asset preservation, evidence preservation or advance execution needs to be filed immediately; or
(3) any other circumstances prescribed by laws, regulations and rules.
Where a legal aid institution provides legal aid in advance, the recipient shall complete the relevant formalities and submit the relevant materials in time.
Article 45 Legal aid institutions providing legal aid services for the elderly and the disabled shall, in light of the actual circumstances, provide accessible facilities, equipment and services.
Where laws and regulations have other special provisions on legal aid for specific groups, such provisions shall apply.
Article 46 Once appointed, legal aid workers shall not refuse, delay or terminate the legal aid services he is providing without justifiable reasons.
Legal aid workers shall, in accordance with the regulations, notify the recipients of the handling of his legal aid and shall not harm the legitimate rights and interests of the recipients.
Article 47 The legal aid recipients shall truthfully state to legal aid personnel the circumstances related to his legal aid, provide evidentiary materials in a timely manner, and assist and cooperate in handling legal aid matters.
Article 48 A legal aid institution shall make a decision to terminate legal aid under any of the following circumstances:
(1) where the legal aid recipient obtains legal aid by deception or other improper means;
(2) where the legal aid recipient intentionally conceals material facts related to the case or provides false evidence;
(3) where the legal aid recipient exploits legal aid to engage in illegal activities;
(4) where the financial status of the legal aid recipient has changed and the recipient no longer meets the requirements for legal aid;
(5) where the trial of the case is terminated or the case is dismissed;
(6) where the legal aid recipient himself has entrusted his case to a lawyer or other representative(s);
(7) where the legal aid recipient has justifiable reasons to request termination of legal aid; or
(8) any other circumstances provided by laws and regulations.
Upon discovery of any of the circumstances prescribed in the preceding paragraph, the legal aid personnel shall report it to the legal aid institution in a timely manner.
Article 49 Where an applicant for or a recipient of legal aid disagrees with the decision of a legal aid institution not to provide legal aid or to terminate legal aid, the applicant or the recipient may raise his opinion to the judicial administration department that established the legal aid institution.
The judicial administration department shall review the aforementioned opinion within five days from the date of receiving it, and make a decision either to uphold the decision of the legal aid institution or to order the legal aid institution to correct it.
Where an applicant or a recipient disagrees with the decision of the judicial administration department to uphold the decision of the legal aid institution, the applicant or the recipient may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.
Article 50 After the completion of handling of his legal aid, the legal aid worker shall report to the legal aid institution in a timely manner, and submit duplicates or photocopies of relevant legal documents, reports on the handling of the legal aid and other materials.
