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SFT0032-2023: (National Criminal Legal Aid Service Standards)
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(National Criminal Legal Aid Service Standards)
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Standard similar to SFT0032-2023 SF/T 0054 SF/T 0054 SF/T 0028 Basic data | Standard ID | SF/T 0032-2023 (SF/T0032-2023) | | Description (Translated English) | Global maritime distress and safety system - Performance and test requirements for automatic identification system search and rescue transmitter | | Sector / Industry | Chinese Industry Standard (Recommended) | | Classification of Chinese Standard | R28 | | Classification of International Standard | 03.220.40, 33.060 | | Date of Issue | 2023-11-27 | | Date of Implementation | 2024-06-01 | SFT0032-2019: (National Criminal Legal Aid Service Standards)---This is a DRAFT version for illustration, not a final translation. Full copy of true-PDF in English version (including equations, symbols, images, flow-chart, tables, and figures etc.) will be manually/carefully translated upon your order.
Specification for national criminal legal aid service
ICS 03.160
A 16
SF
People's Republic of China judicial administration industry standards
National Criminal Legal Aid Service Standards
2019-02-25 release
2019-02- 25 implementation
Issued by the Ministry of Justice of the People's Republic of China
Table of contents
Foreword...III
1 Scope...1
2 Normative references...1
3 Terms and definitions...1
4 Service Principle...2
4.1 Justice...2
4.2 Legal...2
4.3 Unification...2
4.4 Efficiency...2
5 Types of services...2
6 Legal advice...2
7 Legal assistance for duty lawyers...3
8 Criminal Legal Aid...3
8.1 Procedures for handling criminal legal aid cases...3
8.2 Acceptance...3
8.3 Approval...5
8.4 Assignment...5
8.5 Hosting...6
8.6 Pilot work requirements for full coverage of lawyer defense in criminal cases...12
8.7 Closing and filing...12
9 Service Quality Control...13
9.1 Basic principles...13
9.2 Forms of supervision and inspection...13
9.3 Evaluation...13
9.4 Complaint handling...13
9.5 Service improvement...13
Appendix A (Normative Appendix) Catalogue of Archived Materials in the Undertaking Phase...14
References...16
Foreword
This standard was drafted in accordance with the rules given in GB/T 1.1-2009.
This standard was proposed by the Public Legal Services Administration of the Ministry of Justice.
This standard is under the jurisdiction of the Information Center of the Ministry of Justice.
Drafting organization of this standard. Legal Aid Office of Public Legal Service Administration, Ministry of Justice.
The main drafters of this standard. Deng Jiaming, Lin Xi, Li Xuelian, Wu Hongyao, Liu Shuaike.
This standard is issued for the first time.
National Criminal Legal Aid Service Standards
1 Scope
This standard stipulates criminal legal aid service principles, service types, legal consultation, legal assistance for duty lawyers, criminal legal aid and
And the basic requirements of service quality control, etc., and gives a catalog of archived materials in the undertaking stage.
This standard applies to criminal legal aid work organized and implemented by legal aid agencies established by judicial administrative departments, as well as judicial administrative departments
The established legal aid agency supervises and manages other agencies and their personnel that provide criminal legal aid services.
2 Normative references
The following documents are indispensable for the application of this document. For dated reference documents, only the dated version applies to this document.
For undated references, the latest version (including all amendments) applies to this document.
SF/T 0024-2017 National Legal Aid Management Information System Technical Specifications
Provisions of the Ministry of Justice Order No. 124 on Procedures for Handling Legal Aid Cases
Sibantong (2018) No. 2 Notice on Further Strengthening and Regulating the Work of Legal Aid Duty Lawyers in Detention Centers
Regulations of Sifatong (2013) No. 18 on Legal Aid in Criminal Procedures
Form of Legal Aid Document No. 34 of Si Fatong (2013)
Opinions of Sifatong (2017) No. 84 on Launching Legal Aid Duty Lawyer Work
Measures of Sifatong (2017) No. 106 on Launching the Pilot Work of Full Coverage of Lawyers' Defense in Criminal Cases
Notice of Sifatong (2018) No. 149 on Expanding the Pilot Scope of Full Coverage of Criminal Defense Lawyers
3 Terms and definitions
The following terms and definitions defined in SF/T 0024-2017 apply to this document. For ease of use, SF/T is repeatedly listed below
Some terms and definitions in 0024-2017.
3.1
Criminal legal aid
The legal aid agency established by the government organizes criminal legal aid lawyers to provide free legal aid to individuals who meet the conditions of legal aid.
A legal guarantee system for legal consultation, legal assistance of duty lawyers, criminal defense, and criminal agency services.
3.2
Legal aid agency
Responsible for receiving and reviewing legal aid applications, appointing or arranging personnel to provide legal aid services to individuals who meet the requirements of legal aid
Structure.
[SF/T 0024-2017, definition 3.2]
3.3
Criminal legal aid agency
Legal aid agencies and law firms that undertake criminal legal aid services.
3.4
Criminal legal aid lawyer
Practicing lawyers and full-time lawyers of legal aid organizations who provide criminal legal aid services as designated or arranged by legal aid organizations.
3.5
Person receiving criminal legal aid
Individuals who have received criminal legal aid services after review and approval by legal aid agencies, including criminal suspects, criminal defendants, victims,
The private prosecutor, the respondent of the mental patient compulsory medical treatment case who is not criminally liable in accordance with the law, and the party to the criminal incidental civil lawsuit.
4 Service Principle
4.1 Fairness
According to the scope of criminal legal aid services, it is fair and just to ensure that all eligible individuals obtain criminal legal aid services.
4.2 Law
Legal aid agencies accept and review criminal legal aid applications and assign criminal legal aid agencies to provide criminal legal aid services
The criminal legal aid agency providing criminal legal aid services shall strictly abide by laws and regulations, rules and regulations, and industry norms.
Statutory procedures to maintain legal authority and judicial justice, and to maintain the image and reputation of legal aid.
4.3 Unification
Individual applications and criminal legal aid cases notified to the defense (agent) by the case handling agency shall be uniformly accepted, reviewed, and reviewed by the legal aid agency.
Assignment and supervision. Legal aid lawyers on duty shall be dispatched by legal aid agencies.
4.4 Efficiency
Legal aid agencies should follow the one-time notification and time-limited handling regulations; the undertaking lawyers shall pass the consultation in a timely manner based on the circumstances of the case and the needs of the recipients.
Provide criminal legal aid services with due diligence, mediation, and litigation, and protect the legal rights and interests of the recipients.
5 Service type
The types of criminal legal aid services include. legal consultation, legal assistance for on-duty lawyers, criminal defense and criminal agency, etc.
6 Legal advice
Individuals can submit criminal legal aid consultations through visits, calls, letters, and Internet access. The legal advice requirements are as follows.
a) Legal aid agencies should publicize the channels and methods for criminal legal aid consultations in the public service window, public legal
The service center, China Legal Service Network and the "12348" legal service hotline, arrange special personnel to receive, answer and consult;
For complicated consultation, you can make an appointment at a time;
b) The receptionist should listen carefully to the questions and statements of the consultant, understand the facts, evidence and legal claims of the case, and be easy to understand
Introduce relevant laws, regulations, and policy provisions, and inform relevant rights and obligations. For financial difficulties or the application
In case of legal aid conditions, they should be informed of the conditions and procedures for applying for legal aid, the materials to be submitted and the relevant materials
Guide and help them to apply for legal aid; for those that are not within the scope of legal aid, they should make an explanation and provide advice to the consultant.
Provide legal service suggestions for reference;
c) The receptionist should record the basic information, consultation form, consultation matters and corresponding legal answers of the consultation, and register it in classification
Remember. In areas where conditions permit, electronic means can be used to record the consultation activities of reception staff.
7 Legal assistance for duty lawyers
According to the Criminal Procedure Law, Sifatong (2017) No. 84 and Siban Tong (2018) No. 2, the requirements for legal assistance for duty lawyers are as follows.
a) According to actual needs, legal aid agencies can appoint lawyers on duty in people’s courts, detention centers and other places for crimes without a defender
Provide legal assistance to suspects and criminal defendants;
b) The legal aid duty lawyer shall mainly provide the following legal services.
1) Answer legal consultations, provide suggestions on program selection, apply for changes to compulsory measures, and provide opinions on case handling;
2) Guide and help criminal suspects, criminal defendants and their close relatives to apply for legal aid and submit application materials;
3) In the review and prosecution stage, in accordance with the provisions of Article 173 of the Criminal Procedure Law, provide opinions to the procuratorial organ on the handling of the case;
4) In confession and punishment cases, in accordance with the provisions of Article 174 of the Criminal Procedure Law, the criminal suspect signs the confession
Be present at the end of the book;
5) Other tasks assigned by legal aid agencies.
c) During the review and prosecution stage, if the criminal suspect pleads guilty and punished, the on-duty lawyer may provide opinions on the following matters.
1) Suspected criminal facts, charges and applicable laws and regulations;
2) Suggestions on lenient punishments such as lighter, mitigated or exempted punishment;
3) Procedures applicable to the case after a plea and punished;
4) Other matters that need to be heard.
d) If the duty lawyer provides opinions on the handling of the case in accordance with Article 173 of the Criminal Procedure Law, he has the right to request the prosecution
Provide necessary convenience for them to understand the relevant situation of the case in advance;
e) When duty lawyers provide legal advice to criminal suspects and defendants, they should hold a lawyer’s practice certificate (full-time lawyers of legal aid agencies)
Hold a lawyer's work permit), implement listing on the job.
f) When receiving clients, the duty lawyer should record the suspects and defendants on the spot, the legal issues they have consulted, and the
Provide legal solutions; explain the conditions and scope of legal aid, and guide those parties who are deemed eligible for legal aid to apply for legal aid
assistance. The duty lawyer workstation should establish a work ledger.
g) The legal aid duty lawyer does not provide court defense services. Those who meet the requirements for legal aid can be based on the criminal suspect, the defendant and their
The legal aid agency assigns a lawyer to provide defense for the application of the close relative or the notice of the case-handling agency.
8 Criminal legal aid
8.1 Procedures for handling criminal legal aid cases
Criminal legal aid case handling procedures include. acceptance, approval, assignment and undertaking. According to Order No. 124 of the Ministry of Justice and Sifatong (2013)
Document No. 18 puts forward regulatory requirements for the following content.
8.2 Acceptance
8.2.1 Legal aid agencies accept criminal legal aid applications in accordance with the law. Legal aid workstations established by legal aid organizations in the following organizations can
Receive criminal legal aid applications and forward the materials to the local legal aid agency for review.
a) judicial office;
b) Law firm;
c) Basic-level legal services;
d) The public legal service center (station, office) established by the judicial administration department;
e) People's courts, people's procuratorates, detention centers;
f) Other work sites that can transfer criminal legal aid applications according to regulations.
8.2.2 Acceptance shall meet the following requirements.
a) Criminal legal aid cases for notification of defense (agent) shall be handled by the legal aid agency at the same level where the notification agency is located; the highest person
Criminal legal aid cases notified by the People’s Court and the Higher People’s Court for defense (agent) can be aided by provincial legal aid in the place where the court is located
Agency acceptance;
b) Individuals who apply for criminal legal aid shall be handled by the people’s courts, people’s procuratorates, public security organs, and national security organs handling the case.
Legal aid institutions at the same level in the area accept; for criminal cases handled by the Supreme People’s Court and Higher People’s Court, individual applications
Criminal legal aid can be accepted by the provincial legal aid agency where the court is located;
c) If the applicant applies to two or more legal aid agencies with jurisdiction for the same matter, the legal aid that receives the application first
Assistance agencies accept.
8.2.3 If the criminal suspect or defendant does not appoint a defender due to financial difficulties, he and his close relatives may report to the public security organ handling the case,
Legal aid agencies affiliated to the judicial administrative organs at the same level where the People's Procuratorate and the People's Court are located apply for legal aid. Has one of the following situations,
If the criminal suspect or defendant does not appoint a defender, they can apply for legal aid in accordance with the above provisions.
a) There is evidence to prove that the criminal suspect or defendant has a first- or second-degree intellectual disability;
b) In a joint crime case, other criminal suspects and defendants have entrusted a defender;
c) The People's Procuratorate protested;
d) The case has significant social impact.
8.2.4 For criminal legal aid cases of application type, the following application materials should be submitted.
a) Legal aid application form;
b) ID card or other valid identity certificate; for agency application, the applying agent should also submit proof of agency authority;
c) Relevant materials that can prove the applicant's economic status;
d) Case materials related to the applied for legal aid matters.
8.2.5 Where a criminal suspect, defendant, or prisoner in custody submits an application for criminal legal aid, the people’s court, people’s procuratorate, public
The security organs, prisons and detention centers where they are located shall promptly forward the relevant application materials to the legal aid agency.
8.2.6 After receiving the criminal legal aid application materials, the legal aid agency and its affiliated legal aid workstation shall issue a receipt to the applicant
A written certificate of the application materials, indicating the name, quantity, and date of receipt of the application materials.
8.2.7 If the criminal suspect or defendant meets one of the following circumstances and has not appointed a defender or agent ad litem, the case handling agency shall notify the law
The aid agency assigns a lawyer to provide defense or representation.
a) minors;
b) Blind, deaf, and dumb;
c) Mental patients who have not completely lost the ability to recognize or control their behavior;
d) People who may be sentenced to life imprisonment or death;
e) Respondents in cases of compulsory medical treatment for mental patients who are not criminally liable according to law;
f) The defendant who tried the case in absentia;
g) Other situations where legal assistance should be provided in accordance with laws and regulations.
8.2.8 For notification-type criminal legal aid cases, legal aid agencies should receive the following materials.
a) Notification of an official defense letter and a decision to take compulsory measures (investigation stage);
b) Notification of the official defense letter, the public security agency's prosecution opinion (review and prosecution stage);
c) Notification of the official defense letter, criminal indictment or criminal judgment, ruling (trial stage);
d) The official letter of the notification agent, and a copy of the application for compulsory treatment of mental patients who are not criminally liable according to law (compulsory treatment procedure).
8.3 Review
8.3.1 After receiving the application, the legal aid agency shall conduct a timely review and make the following decision within 7 days.
a) Those who meet the conditions of legal aid shall decide to grant legal aid and prepare a letter of decision to grant legal aid;
b) For those who do not meet the requirements for legal aid, they should decide not to grant legal aid, and make a decision not to grant legal aid, and state that they will not grant legal aid.
The reasons for the assistance and the applicant's right to object;
c) For criminal suspects, defendants, prisoners and community prisoners in custody, the legal aid agency should also inform the relevant persons by letter
Civilian courts, people’s procuratorates, public security organs, national security organs and prisons, community corrections institutions (centers), detention centers.
8.3.2 After review, if the legal aid agency believes that the application materials submitted by the applicant are incomplete or there are doubts about the relevant circumstances, it shall apply to
The person explained the situation and asked him to supplement materials or explain. The time required for the applicant to supplement materials and provide explanations is not included in the review period.
If the applicant fails to supplement the materials or provide explanations as required, the application shall be deemed to have been withdrawn after the time limit expires.
8.3.3 After review, if the legal aid agency believes that the application materials submitted by the applicant need to be verified, it may verify with the relevant department or unit
Verify.
8.3.4 Upon review, if the legal aid agency believes that it meets the basic conditions of legal aid and has one of the following circumstances, it may decide to provide
Legal aid, at the same time, send a one-off notice of rights and obligations and require the recipient to submit the application materials within the prescribed time limit.
a) Less than 7 days from the expiration of the statute of limitations or the statutory time limit;
b) It is necessary to immediately apply for property preservation, evidence preservation or pre-enforcement;
c) There are other emergencies or special circumstances that require immediate legal assistance.
8.3.5 If the case is serious, difficult, or complicated, or the assignment in the jurisdiction may affect judicial justice, you can request a higher judicial
The administrative agency appoints a legal aid agency to handle it.
8.3.6 If the applicant raises an objection to the decision not to grant assistance, he may file an objection review to the judicial administrative agency that determined the legal aid institution.
8.4 Assignment
8.4.1 Assignment requirements
The assignment requirements are as follows.
a) The legal aid agency shall, within 3 days from the date of making the decision to grant legal aid or receiving the official letter of defense (agent)
Assign or arrange for lawyers, and inform the public security organs, national security organs, people’s procuratorates, and people’s courts. Legal aid agency
The legal aid letter issued should contain the name of the lawyer undertaking, the unit and contact information;
b) Criminal legal aid agencies should handle legal aid cases based on the number, qualifications, professional expertise of their lawyers,
Factors such as the willingness of the recipient determine the undertaking lawyer. For cases that may be sentenced to death or life imprisonment, a certain number of years should be arranged
Lawyers with criminal defense practice experience serve as defenders; for minor criminal cases, arrangements should be made to be familiar with the physical and mental characteristics of minors
Lawyers who are blind, deaf, mute, or foreigners (stateless persons) and recipients who don’t speak the local language.
The lawyer arranges necessary translators;
c) For application-type cases, the legal aid agency shall handle the lawyer's name within 5 working days from the date of receipt of the appointment notice
And contact information to inform the recipient or his legal representative, close relatives, and the undertaking lawyer and the recipient or his legal representative, close relatives
Relatives sign an entrusted defense (agent) agreement and a power of attorney to clarify the rights and obligations of both parties, and inform them not to receive any legal services
Service cost
d) After accepting the assignment, the undertaking lawyer shall not delegate the case to others. In case of special circumstances, it is indeed impossible to continue to handle the case,
The undertaking agency that accepts the assignment should report to the legal aid agency that assigned the case for approval before changing the undertaking lawyer in time. Replacement contracting law
After consulting, the legal aid agency shall inform the recipient or its legal representative of the name and contact information of the new undertaking lawyer within 3 days.
Persons, close relatives, and the original attorney who undertook the case should promptly go through the procedures for the transfer of case materials;
e) If one of the following situations is met, the legal aid agency shall change the designation.
1) For notification of defense (agent) cases, people’s courts, people’s procuratorates, public security organs, and national security organs have
Refuse to provide a defense (agent) to the undertaking lawyer and need to notify the defense (agent) separately;
2) The recipient has evidence to prove that the undertaking lawyer has failed to perform his obligations in accordance with the law and has applied to the legal aid agency for changing the undertaking lawyer;
3) The undertaking lawyer has a conflict of interest with the case;
4) The undertaking lawyer requests the legal aid agency to appoint another legal aid agency with the consent of the aid recipient due to the conflict of the trial date;
5) The undertaking lawyer is unable to handle the case due to other legitimate reasons or force majeure, and requests the legal aid agency to appoint another
of.
f) If the recipient applies to change the undertaking lawyer, the legal aid agency shall decide whether to change or not within 5 working days. If you decide to replace it, you should
Separately assign or arrange personnel to undertake. The original undertaking agency shall terminate or change the entrusted agency and defense agreement with the recipient.
The handling lawyer shall handle the transfer of case materials with the changed handling lawyer within 3 working days.
8.4.2 Assignment document production
The requirements for making assignment documents are as follows.
a) The appointment document should be prepared in accordance with Sifatong (2013) No. 34 and relevant requirements of the province (autonomous region, municipality);
b) The following documents should be prepared for legal aid cases.
1) Letter of decision to grant (not grant) legal aid;
2) Assignment notice;
3) Legal aid letter;
4) One-time notification of the rights, obligations and risks of the recipient;
5) Other relevant documents required.
c) The following documents should be prepared for notification legal aid cases.
1) Assignment notice;
2) Legal aid letter;
3) Other relevant documents required.
8.4.3 Service of documents
The document service requirements are as follows;
a) The document served on the recipient should include.
1) Letter of decision to grant (not grant) legal aid;
2) One-time notification of the rights, obligations and risks of the recipient.
b) Documents served on the undertaking lawyer include.
1) Assignment notice;
2) Relevant litigation documents of judicial organs.
c) The document sent to the public security organs, national security organs, people’s procuratorates, and people’s courts is. official letter of legal aid;
d) Refer to relevant laws and regulations for the method of service of documents.
8.5 Undertaking
8.5.1 Criminal defense
8.5.1.1 Basic requirements
The basic requirements of criminal defense are as follows.
a) The provisions of this section apply to all litigation stages and all litigation procedures;
b) The undertaking lawyer shall abide by the provisions of laws and regulations, protect the legal rights and interests of the recipient in accordance with the entrusted authority, and shall not harm the recipient
The legitimate rights and interests of
c) After accepting the assignment, the undertaking lawyer shall not refuse to defend without proper reason. But...
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