Legal aid lawyers Article 11. Work contents of the legal aid workstation of the detention center
(a) to provide free legal advice to detainees and their close relatives and visitors, and to guide qualified detainees and their close relatives to apply for legal aid.
(2) To be responsible for receiving and registering applications for legal aid submitted by detainees and their close relatives, and conducting preliminary examination of the application materials. To meet the conditions of legal aid, timely put forward preliminary opinions and transmit them to their legal aid institutions together with the application materials; Do a good job in explaining to the applicant those who do not meet the conditions of legal aid.
(three) to assist legal aid lawyers to carry out legal aid work such as meeting and handing over legal documents.
(4) Conducting publicity and education activities on legal aid from time to time, giving lectures on legal knowledge to detainees, focusing on publicizing and popularizing relevant legal knowledge, the scope and conditions of legal aid, the procedures for applying for and handling legal aid matters, and the rights and obligations of recipients.
Two. Responsibilities of legal aid institutions
(a) designate a person to be responsible for the daily work of the workstation, arrange legal aid lawyers to be on duty at the workstation, and bear the subsidies for lawyers to be on duty. The duty time is agreed according to the actual demand.
(2) A lawyer appointed by a detention center shall meet the following conditions:
1. I have declared that I am a volunteer lawyer for legal aid and am willing to undertake criminal cases;
2. Practicing in Guangzhou Standard Law Firm;
3, with more than five years of practice experience;
4. Not subject to administrative punishment by judicial administrative organs or industrial punishment by lawyers' associations.
(three) to train the public security police in the detention center in legal aid business knowledge.
(four) printing legal aid publicity materials for the legal aid workstation of the detention center.
(five) to supervise and guide the workstation, solve the problems encountered in the work with the detention center in time, and sum up the promotion experience in time.
(six) to apply for legal aid to the workstation.
(seven) the legal aid work of the workstation is carried out irregularly.
Three. Duties of detention center
(1) Hang a detention center at the gate of the detention center? Five modernizations? Signature logo style? * * * workstation of the legal aid office (center) of the detention center? Signs, the person in charge of the detention center is the stationmaster, and a designated person is responsible for the daily work.
(2) Provide special office space. The place should be located in a location convenient for people to consult, equipped with independent office desks and chairs and office appliances, with public information such as legal aid guide, workstation responsibilities, institutional setup and personnel composition hanging on the wall, and placed on the desk? Legal aid lawyer? Water signs, set up an independent information rack for placing legal aid publicity materials.
(3) Be responsible for the attendance registration, supervision and management of the lawyers on duty, maintain the order of the consultation site, provide lunch for the lawyers on duty, arrange lunch break for the lawyers on duty, and provide parking spaces for the lawyers on duty who drive there.
(four) when educating detainees, serve them with the Notice of Criminal Legal Aid, so that each detainee has one person; Provide criminal legal aid publicity materials to the close relatives of detainees, so that the awareness rate of legal aid can reach 100%.
(5) Designate a special person to be responsible for the daily operation of the workstation, assist detainees in handling the application procedures for legal aid, receive applications for legal aid from detainees and their close relatives, and transfer the application materials to legal aid institutions within 24 hours after receiving the applications; Do a good job in explaining to the applicant those who do not meet the conditions of legal aid.
(six) pay close attention to the operation of the workstation, solve the problems encountered in the work with the legal aid institutions at the same level in time, and sum up the promotion experience in time.
Four, the detention center legal aid workstation work convergence mechanism
(1) duty consultation
1. When the legal aid lawyer is on duty at the workstation, the police of the detention center shall remind the lawyer on duty to register at the legal aid workstation of the detention center and sign the Duty Lawyer Sign-in Form. The detention center shall exchange the original sign-in form of last month to the legal aid institution before the 3rd day of each month, and keep a copy on file for future reference.
2. If the detainees have legal consultation needs, the workstation staff designated by the detention center shall guide the detainees to fill in the legal aid consultation registration form before the next lawyer is on duty, and arrange the consultation order and time for the detainees to be on duty. On the day of duty, the consultation form will be handed over to the lawyer on duty, and the detainees will be arranged to consult the lawyer on duty in an orderly manner at the designated place.
3, legal aid lawyers on duty, after answering the legal advice of detainees, can accept the legal advice of detainees' close relatives and others. The workstation staff designated by the detention center shall guide the people waiting for consultation to fill in the legal aid consultation registration form in advance, and arrange the people who have filled in the form to queue up for consultation in turn. During the non-lawyer duty hours, the workstation staff designated by the detention center shall guide the people with consultation needs to consult in various legal aid institutions, or come to consult before the lawyer duty.
4. The workstation staff designated by the detention center shall file all the legal aid consultation registration forms for future reference, and indicate the total number of people who provide consultation in the month on the sign-in form of the lawyer on duty in the detention center.
5. If the detention center finds that the lawyer on duty has violated the rules, it shall promptly inform the legal aid institution at the same level.
(2) Transfer of cases
1. If a detainee or his close relatives who do not need to submit proof of financial difficulties file an application for legal aid, the workstation staff designated by the detention center shall directly guide him to fill out the application form for legal aid, collect and sort out relevant materials, and fill out the approval form for legal aid. Workstation preliminary examination opinion? The column indicates that the applicant does not need to submit proof of financial difficulties and issue preliminary examination opinions, and the application form, applicant information, approval form and case materials will be forwarded to the legal aid institution at the same level within 24 hours.
2. If a detainee who belongs to the general situation applies for legal aid, the workstation staff shall guide him to fill in the application form for legal aid, provide the contact information of his guardian, close relatives or other personnel entrusted by him, and inform him that if his guardian, close relatives or other personnel entrusted by him cannot provide proof of the applicant's financial difficulties, he may not accept his application. The workstation staff designated by the detention center shall forward the application form, the applicant's information, the information of the entrusted personnel, the power of attorney signed by the detainee and the case materials to the legal aid institution at the same level within 24 hours. The legal aid institution shall handle it within the prescribed time. If the client can't be contacted, or the client can't provide proof of financial difficulties to the applicant, it shall promptly inform the workstation staff designated by the detention center in writing. The workstation personnel designated by the detention center shall promptly inform the applicant of the situation.
3. If a close relative of a detainee in general applies for legal aid, the workstation staff designated by the detention center shall submit the application form for legal aid and the proof of the applicant's financial situation to the applicant, and instruct him to bring relevant materials to the legal aid institution or workstation at the same level to submit the application after obtaining the proof of financial difficulty and the proof of kinship. The workstation staff designated by the detention center shall fill in the legal aid approval form after receiving the application submitted by close relatives to prove their financial difficulties and kinship. Workstation preliminary examination opinion? A column issued preliminary opinions, and within 24 hours, the application form, proof of financial difficulties, proof of kinship, information of the applicant and close relatives, approval form and case materials will be transmitted to the legal aid institutions at the same level.
Verb (abbreviation of verb) cooperation mode
When the legal aid institution at the same level and the detention center set up a legal aid workstation, they shall sign a cooperation agreement between the two parties, clarify their work responsibilities and contents, establish a work connection mechanism, and steadily promote the legal aid workstation of the detention center to carry out various legal aid work in an orderly manner.
Attachment: 1, notice of criminal legal aid;
2, the detention center legal aid workstation lawyer on duty sign-in form;
3, legal aid approval form (district workstation).
Chapter ii of legal aid lawyers was jointly organized and implemented in may by the guidance department of lawyers' notarization work of the Ministry of justice, the legal aid department of the Ministry of justice, the youth volunteer work department of the central Committee of the communist youth league, the legal aid center of the Ministry of justice, and the legal aid foundation of all china lawyers association and China? 1+ 1? China Legal Aid Volunteer Action entered Guangxi for the first time. With the support and encouragement of the leaders and colleagues of Guangxi Law Firm, he is determined to sublimate the lawyer's personal value and carry forward the lawyer's spirit of contributing to and serving the society. After strict examination and screening, Lawyer Qin won the qualification of lawyer for 20XX years. 1+ 1? China Legal Aid Volunteers acted as volunteer lawyers, and were assigned to Bobai County Legal Aid Center in Guangxi to engage in legal aid work.
On July 19, 20XX, lawyer Qin went to Beijing to attend the 20XX annual meeting. 1+ 1? The launching ceremony of China Legal Aid Volunteer Action was cordially received by Zhao Dacheng, Vice Minister of Justice, and presented with honorary certificates. After returning to Nanning, Guangxi, Guangxi Department of Justice, Guangxi Legal Aid Center, Legal Management Office of Guangxi Department of Justice and Nanning Municipal Bureau of Justice all attached great importance to it and helped solve some problems of volunteer lawyers in handling cases, living and studying in different places. All lawyers of Guangxi Law Firm held a grand farewell ceremony for lawyer Qin, and placed high hopes on his volunteer work. On July 23rd, 20XX, Lawyer Qin officially went to Guangxi Bobai Legal Aid Center to do volunteer work. Bobai County Bureau of Justice welcomes the arrival of volunteer lawyers and tries its best to arrange their work and life.
After Qin, a volunteer lawyer, came to Bobai Legal Aid Center, he did his volunteer work conscientiously and actively handled all kinds of civil, administrative and criminal legal aid cases. Seriously receive letters and visits from the masses and patiently answer legal advice; Assist the local legal aid center to establish and improve various legal aid systems; Actively publicize legal aid activities and promote the popularization of legal aid knowledge; Assist the judicial bureau to send the law to the countryside and assist the local judicial office to enter the village to carry out mediation work; Hold legal publicity lectures, organize legal knowledge lectures, train grassroots legal aid talents, and expand grassroots legal aid teams; Hold legal publicity lectures in primary and secondary schools to publicize legal aid knowledge.
According to the actual situation of local legal aid in Bobai, lawyer Qin consulted the director and senior lawyers of Guangxi Law Firm, and decided to provide special legal aid to minors, farmers, disabled people, women and the elderly, and actively provided legal advice and help to such vulnerable groups, which achieved fruitful results. 20XX From July 23rd to June 20th, 20XX, volunteer lawyers handled 45 legal aid cases in Bobai County Legal Aid Center, including 20 criminal defense cases, 22 civil cases and 3 labor dispute arbitration cases. Up to now, 30 cases have been closed, including 7 criminal defense cases 13 civil cases13, which has recovered economic losses of 835 124.35 yuan for aided persons and provided more legal aid for minors (persons with limited capacity).
Lawyer Qin organized eight large-scale legal publicity activities in Bobai County, distributed 2,000 copies of various legal aid publicity materials, received more than 500 people on the spot, and provided legal advice on economic disputes, land contracting, marriage and family, damages, protection of migrant workers' rights and interests, juvenile delinquency, etc. In addition, Mr. Qin also went to the countryside with relevant leaders to handle sensitive group dispute cases many times. Typical cases are: 20xx65438+February 2, lawyer Qin also cooperated with Secretary Lin of Bobai County Judicial Bureau and Deputy Director Mo of the county government office to mediate the campus injury accident of Xu in Xinxu Village, Yingqiao Town, Bobai County. Until 0: 30 in the morning/kloc-2: 30, he finally reached a mediation agreement with the victim's family and successfully solved the accident. 20xx65438+On February 7th, accompanied by Deputy Director Huang of Bobai County Bureau of Justice, the legal aid center and the person in charge of the notary office, two comrades went to Bobai TV Station to record a people's hotline radio and television program, and answered questions from the audience on legal aid, notarization and other related issues of public concern. 20XX65438+February 1 1 12, together with the judicial bureau, organized the 20xx examination for leading cadres in this county, which was invigilated in Bobai Town No.1 Primary School and Bobai County Experimental Middle School.
While handling legal aid cases and providing legal services, Qin, a volunteer lawyer, also actively exchanged cases and kept close contact with Bobai Town Judicial Office, and cooperated with the person in charge of the center to establish and improve the legal aid case acceptance, examination and approval, assignment system, file management system, conference learning system and report statistics system, thus realizing legal aid work? Four unification? That is, the legal aid center unifies the standards of aid cases, accepts legal aid cases, assigns legal service personnel to handle aid cases, and supervises and inspects the quality of aid cases. The legal aid work in the county has been brought into the track of institutionalized and standardized management. Actively carry out legal aid publicity activities, increase the number of legal aid teams in the center, strengthen the role of Bobai County Legal Aid Center as a window for judicial administrative departments to contact the masses, and win unanimous praise from the masses.
During my service in Bobai County Legal Aid Center, Guangxi Judicial Bureau, Guangxi Legal Aid Center and Legal Management Office of District Judicial Bureau sent personnel to Bobai to care for and guide the work of lawyer volunteers. Guangxi Law Firm has organized case discussions for many times to make suggestions for lawyer Qin's legal aid work. The chief lawyer of the firm also led some lawyers to Bobai County twice to express sympathy and care for Mr. Qin and solve some life problems for him. Bobai County Judicial Bureau tries its best to solve problems for volunteer lawyers and actively cooperates with and assists volunteer lawyers in their work in Bobai. With the care and efforts of all parties, volunteer lawyers can develop smoothly in Bobai? 1+ 1? Legal aid work.
Bobai county has a large population, and the education popularization rate is relatively low. It is one of the poverty-stricken counties in China. The demand for legal aid is strong, and the legal aid work has a long way to go. We sincerely hope that more legal aid workers, such as lawyers from law firms, can join us? 1+ 1? The legal aid team in China strives to extend the legal aid work to the places where we need help most, and make a modest contribution to building a more harmonious and stable Bobai and even China.
In the year of 20XX, Mr. Qin was once again approved by the guidance department of lawyers' notarization work of the Ministry of Justice, the legal aid department of the Ministry of Justice, the youth volunteer work department of the Central Committee of the Communist Youth League, the legal aid center of the Ministry of Justice, and the legal aid foundation of all china lawyers association and China as the year of 20XX? 1+ 1? China legal aid volunteer lawyers will once again work in Bobai County, Guangxi for one year, contributing their youth and blood to Bobai's legal aid cause. It can be said that legal aid has a long way to go; Volunteer spirit, handed down from generation to generation, never stops.
20XX？ 1+ 1? China legal aid volunteers are on their way!
Legal aid lawyer. Do a good job in the reception and registration of legal aid;
Two, serious practice, preliminary examination of the application for legal aid, and put forward opinions to the parties and legal aid departments according to the relevant provisions of legal aid;
Three, conscientiously perform the functions of legal aid, do a good job in consulting, paperwork, door-to-door service and other legal aid work.
Object of legal aid: Those who have permanent residence and temporary residence permit in Changsha County and meet the following conditions may apply for legal aid:
1. There are sufficient reasons to prove that you need legal help to ensure your legitimate rights and interests;
2. Unable to pay the legal service fee due to economic difficulties. The specific criteria of economic difficulties are: urban residents who have not reached the minimum living security line set by local people's governments at or above the county level every year, and rural residents who have not reached the economic poverty line set by the government in that year;
3. Blind, deaf-mute and minors are criminal defendants or criminal suspects who have not entrusted defense lawyers;
4. The criminal defendant who may be sentenced to death has not entrusted a defense lawyer;
5. In a criminal case, the defendant of foreign nationality or statelessness has not entrusted a defender, and the people's court has appointed a lawyer to defend him;
6, the relevant public welfare organizations or government public welfare projects need legal aid, legal aid institutions shall provide legal aid;
7. Applicants who have obtained legal aid after examination and approval, or criminal defendants or criminal suspects who meet the requirements of accepting lawyers appointed by the people's courts are recipients.