Criminal legal aid reflects the protection of criminal suspects、Defendant’s rights protection，Not only related to their vital interests，It is also directly linked to the level of judicial civilization。The "Legal Aid Law" will come into effect on January 1, 2022，is a milestone in the legal and institutional development of my country’s legal aid industry，Among them, the system design of criminal legal aid，Condensing the experience of the full coverage reform of lawyer defense in criminal cases since 2017 and the revision of the Criminal Procedure Law in 2018。After the implementation of the Legal Aid Act，The pilot program of full coverage reform continues to deepen。Therefore，The team went to Ningbo, Zhejiang for field investigation and research，Problems in consulting practice、Difficulty，View some working documents、File、Ledger，Hope to make theoretical research and practical exploration complement each other。
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Ningbo Fenghua District Legal Aid Center is an internal institution of the District Justice Bureau，The office was originally located in the District Justice Bureau。Deputy Director Hu of Fenghua District Justice Bureau introduced to us，In recent years, with the advancement of the “maximum one trip” reform in Zhejiang Province，According to the unified bet365 Play online gamesrequirements of the Provincial Department of Justice，Although the Legal Aid Center is still under the leadership of the Justice Bureau，But its office is located in Fenghua District Social Governance Center，With the District Letters and Calls Bureau、Labor inspection departments and other centralized offices，Strive to provide timely legal aid services to people who come to petition in this way，Quick、Concentrate on resolving social conflicts and disputes。
2. Pilot reform of full coverage of lawyer defense in criminal cases
October 11, 2017，Supreme Law、The Ministry of Justice issued the "Measures on Carrying out the Pilot Work on Full Coverage of Lawyer Defense in Criminal Cases" (Si Fa Tong [2017] No. 106)，Since then, the reform of full coverage of lawyer defense in criminal cases has begun。According to the relevant provisions of the Criminal Procedure Law and the Legal Aid Law，Legal aid defense services are divided into "notification-assignment of lawyer defense" and assignment of lawyer defense upon application。The number of criminal legal aid-related cases in Fenghua District in 2022 is 364，There are 361 cases of “notification defense”，The specific statistics are as follows (unit: pieces):
Note: Except for the 361 "notice defense" cases in the table，There is also 1 case of compulsory medical notification agency and 2 cases in which criminal suspects directly applied for legal aid agencies to assign lawyers to defend themselves。
In 361 "Notice Defense" cases，There are only 118 cases that truly fall into the five statutory categories of the Criminal Procedure Law and the Legal Aid Law，And most of them are minor crimes，This also reflects the misdemeanor criminalization in our country、The trend of younger criminals。The vast majority of 243 items，They are all in the court trial stage，Notify the defense in accordance with the requirements for full coverage of lawyer defense in ordinary criminal cases。
bet365 best casino gamesWith the reform entering the deep water area，On October 12, 2022, the two governments and the two ministries issued the "Opinions on Further Deepening the Pilot Work on Full Coverage of Lawyer Defense in Criminal Cases" (Si Fa Tong [2022] No. 49)，Proposed a pilot program in some areas to extend full coverage of lawyer defense to the review and prosecution stage。Explained by Chief Xie of the Legal Aid Section，Ningbo City is at the forefront，As early as May 18, 2022，Municipal Procuratorate、Judiciary Bureau、The Lawyers Association jointly issued the "Notice on Launching a City-wide Pilot Project for Full Coverage of Lawyer Defense during the Review and Prosecution Stage"，Article 5 stipulates: “When the People’s Procuratorate accepts a case for review and prosecution，No defense for the suspect、Those who may be sentenced to fixed-term imprisonment of more than three years in accordance with the law and do not plead guilty or accept punishment，Legal aid agencies should be notified to assign lawyers to defend them；Pleas guilty and accepts punishment，The People’s Procuratorate combines the actual situation of the case，Those who think it is necessary，Can notify legal aid agency to provide defense。Except for criminal suspects who refuse to be defended by lawyers。” in the table above，The 9 notification defense cases in the review and prosecution stage come from this。
Control the quality of legal aid defense，Introduction to legal aid section staff，Every legal aid criminal case，All must be assigned lawyers who have practiced law for more than 2 years，Usually adopt the method of "one old and one young"，Old lawyers and young lawyers handle cases together，Gradually enrich the database of legal aid defense lawyers。Lawyers are required to meet with the client at least 2 times during the case handling process，Must pass the test，When bet365 live casino and sports bettingthe lawyer asks the client whether he is guilty or not、Slight crime and serious crime、When there is a disagreement whether to plead guilty or accept punishment，The legal aid center’s reply also fully explains the legal provisions and consequences to the parties first，You can do the work but in the end you must respect the wishes of the parties involved。
3. Duty lawyer legal assistance system
Although in a series of documents on comprehensive reform，There are relevant regulations on duty lawyers，But whether it is the legal aspect of the "Criminal Procedure Law", "Legal Aid Law" or the regulations of the "Two High Schools and Two Ministries" "Working Measures for Legal Aid Duty Lawyers"，They all position duty lawyers as pure legal consultation、Program selection advice and other legal assistance，Does not assume defense functions。According to the introduction of Section Chief Xie of the Legal Aid Section，When the duty lawyer system was first implemented in 2018，Due to constraints such as insufficient funding guarantee for the legal aid center，The District Procuratorate contacted 2 law firms to assign lawyers on duty，However, this model has been criticized by the higher procuratorate and the Bureau of Justice，Considering that the procuratorial agency should be regarded as the public prosecution agency，Assigning a duty lawyer will undermine the neutrality of legal assistance。Today，Today，The financial subsidies for duty lawyers shall be allocated from special funds by the district finance；The duty form is divided into central duty、Procuratorate and detention center on duty、Two half-day legal aid service stations in each street every week、12348 hotline is on duty (with telephone return visits) in various ways，1356 cases of various legal assistance from duty lawyers in 2022。
But，Section Chief Xie also raised practical concerns for us。For example，bet365 casino blackjackAccording to the Supreme Law、Article 2, paragraph 3, of the Ministry of Justice's "Measures for Carrying out the Pilot Program of Full Coverage of Lawyer Defense in Criminal Cases"，Applicable simple procedure、Cases heard under expedited procedure，The defendant has no defender，The People’s Court shall notify the duty lawyer assigned by the legal aid agency to provide legal assistance。But，Many times lawyers assigned by the legal aid center rush to the detention center，The defendant did not meet with the lawyer，Refuse legal help from a lawyer，Waste of lawyer resources。Therefore，Section Chief Xie asked if a pre-screening program could be set up，Clearly determine whether the suspect is willing to receive legal help before deciding to appoint a lawyer。
IV. Conclusion
The core of Xi Jinping’s rule of law and development thoughts is people-centered。Carry out a pilot reform of full coverage of lawyer defense in criminal cases，Protecting judicial human rights、Promoting judicial fairness is the proper meaning of comprehensively governing the country according to law，The purpose is to have lawyers defend and provide legal help in every criminal case。“Chinese medicine never departs from ancient prescriptions，Buyi ancient recipe”，Let the law regulate、Theoretical research and practical wisdom listen to each other，Promote the rule of law in case of emergency，This is the original intention of this survey。
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