With the development and continuous progress of society, our country is now in an era of rapid development. Whether in schools or tourist resorts, more and more foreigners have come to our country. For the sake of social stability and the protection of law for foreigners, we have made relevant regulations on legal aid for foreigners. So what are the conditions for foreign students to apply for legal aid in the city? Here is how to explain it.

What are the Conditions for Foreign students to apply for Municipal Legal Aid?

There is no clear provision for foreign student legal aid in the current regulations of our country. However, according to the interpretation of the Supreme People's Court and the Ministry of Justice, and the treaties on judicial assistance in civil and criminal matters or civil and commercial matters signed by China with many countries, legal aid can also be granted to foreigners. Legal aid is divided into criminal cases and civil cases:

According to paragraph 4 of the Joint Notice of the Supreme People's Court and the Ministry of Justice on Criminal Legal Aid Work on April 9, 1997, "For criminal defendants who the people's Court considers really need a lawyer to defend and meet the following conditions, legal aid institutions or judicial administrative organs shall, within three days of accepting the defense appointed by the people's Court, To appoint a lawyer with legal aid obligations to provide defence:

(1) the economic situation of his family cannot be ascertained because he really has no source of income;

(2) he has no financial resources and his family members, after repeated persuasion, refuse to pay for his defense lawyer;

(3) In a case of joint crime, the other defendant has appointed a defender, but the defendant has not;

(4) The foreign defendant has not appointed a defender;

(5) the case has major social impact;

(6) Foreigners may obtain criminal legal aid in China if the people's court considers that there are problems with the opinions on prosecution and the evidentiary materials transferred to the case, which may affect the court's provisions on the correct amount of conviction.

For civil legal aid, China has signed treaties with many countries on judicial assistance in civil and criminal matters or civil and commercial matters, most of which have made clear provisions on the issue of citizens of the other party applying for legal aid in the other party's country. If a foreign nationality or stateless person makes an application for legal aid in our country, he or she shall make an application for legal aid to our legal aid organization in accordance with the conditions, procedures stipulated in the international treaties in which he or she belongs and in the treaties of multilateral or bilateral judicial assistance signed jointly or in accordance with the principle of reciprocity.

What is the procedure for applying for legal aid?

(1) The applicant applies to the legal aid institution where the people's court hearing the case is located.

The detention house shall, within 24 hours, forward the application of a criminal suspect in custody to a legal aid institution, and the relevant documents and certifying materials required to apply for legal aid shall be provided with assistance by the legal representative or close relatives notified by the detention house of the applicant.

Note:

The application shall be made in writing and the application form shall be filled in; If it is really difficult to make a written application, an oral application may be made, and written records shall be made by the staff of the legal aid institution or the staff of the relevant institution that forwarded the application on their behalf.

(2) The legal aid agency shall examine the application for legal aid after receiving it.

Where the conditions for legal aid are met, the legal aid institution shall timely decide to provide legal aid; Where the conditions for legal aid are not met, the applicant shall be informed of the reasons in writing.

What are the ways of legal aid?

1. Appointed by the court;

2. Apply for legal aid from legal aid agencies or judicial administration agencies.

From the above, there is a certain gap between foreigners seeking legal aid in China and Chinese people seeking legal aid. The specific gap has been clearly made up in the above. If you have foreign friends in China who need to seek legal aid in the future, you can let him refer to the above content.

The copyright of this article belongs to the original author, some pictures from the Internet. If there is infringement, please contact this number background, we will promptly correct, delete, thank you!