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China Justice Observer

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China Enhances Legal Aid Law Implementation

Wed, 12 Jun 2024
Categories: China Legal Trends

On 20 Nov. 2023, China’s Supreme People’s Court (SPC), the Supreme People’s Procuratorate (SPP), the Ministry of Public Security, and the Ministry of Justice jointly issued the “Measures for the Implementation of the Legal Aid Law” (法律援助法實(shí)施工作辦法, hereinafter the “Measures”).

The Measures aim to implement the Legal Aid Law of the People’s Republic of China (中華人民共和國(guó)法律援助法), further clarifying the division of responsibilities among the courts, procuratorates, police authorities, and judicial administrative authorities, ensuring that the parties concerned have the right to apply for legal aid according to the law, and facilitating the work of legal aid personnel.

The highlights of the Measures are as follows.

  • The courts, procuratorates, police departments, and detention facilities shall perform their statutory duties, including informing relevant parties of their right to apply for legal aid according to the law, and transferring legal aid applications and providing relevant documents to legal aid agencies.
  • The courts, procuratorates, and police departments shall promptly inform legal aid agencies and personnel of important information such as changes in court dates, coercive measures, or places of detention, and shall serve relevant legal documents within statutory time limits, facilitating legal aid personnel in meetings, reviewing case files, and understanding relevant information of cases, among others, so as to ensure that legal aid personnel fulfill their duties according to the law.

 

 

Photo by James Wheeler on Unsplash

Contributors: CJO Staff Contributors Team

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