Foreigners in China encountering civil and commercial disputes or facing criminal proceedings can obtain legal aid in accordance with the regulations on legal aid and other relevant laws and regulations. 

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In What Cases Can Foreigners 

In China Obtain Legal Aid.

 

In practice, the accused in a criminal case can obtain the help of a legal aid lawyer appointed by the people’s court. A foreign party in civil and com cases with financial difficulty can obtain legal aid, if his country has signed relevant treaties or agreements with China.

Legal aid is divided into

• Legal aid for criminal cases

• Legal aid for civil cases

Legal aid approaches

• Court appointment

• Applying for legal aid from relevant institutions or judicial administrative organizations

Legal basis

The fourth article of the Notice on Issuing the Provisions on the Legal Aid in Criminal Action

 

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Range of applicants for legal aid

 

Criminal suspects and the accused and their immediate families without legal counsel due to economic difficulty may apply for legal aid from legal aid institutions of judicial administrative organs where the public security bureau, people’s procuratorate and people’s court are located.

A criminal suspect or the accused without legal counsel can apply for legal aid according to the following provisions:

❶ Proof that the individual suffers degree one or two intellectual disability

❷ In joint offense cases, the other criminal suspects or accused already have authorized legal counsel

❸ Procuratorate’s protest

❹ Cases of great social influence

The Process of Applying for Legal Aid

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Notes and Contact Number

 

[Notes]

Notification can be delivered by verbal or written method. Contents must be easy to understand.

 

• In case of the verbal notification, it’s required to record the contents in writing which must include the signature of the applicant.

• In case of written notification, it’s required to give a receipt for the notification provided and the information about applying for legal aid should be put on record.

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[Contact number for legal aid]

☎ 12348

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