Provisions on Legal Aid Work in Criminal Litigation (CECC Full Translation)
Provisions of the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, and Ministry of Justice on Legal Aid Work in Criminal Litigation Article 1. These provisions are formulated, and the realities of legal aid work are combined, in accordance with the "Criminal Procedure Law of the People's Republic of China," "Law on Lawyers of the People's Republic of China," "Regulation on Legal Aid," and other related regulations, in order to strengthen and standardize legal aid work in criminal litigation. Article 2. Criminal suspects, defendants in cases of public prosecution, victims in cases of public prosecution and their legal representatives or close relatives, and private prosecutors in cases of private prosecution and their legal representatives who, due to financial hardship, have not retained a lawyer or entrusted an agent ad litem, can apply for legal aid with any of the legal aid organizations within the public security bureau, people's procuratorate, or people's court handling the case. As persons whose capacities are restricted, criminal suspects and defendants can be represented by their legal representative when applying for legal aid. Article 3. The criteria for measuring a citizen's financial hardship shall be implemented in accordance with the regulations of the people's government of the province, autonomous region, or municipality directly under the central government receiving the case. Article 4. The public security bureaus and people's procuratorates shall, subsequent to lawful interrogation of a criminal suspect for the first time or from the day on which compulsory measures are adopted against him, and at the same time that they notify a criminal suspect that he has the right to retain a lawyer to provide him with legal advice and to file petitions and complaints on his behalf or to apply on his behalf for a guaranty pending trial, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid. If a case involves state secrets, the criminal suspect shall be notified that his application for legal aid shall be approved by the investigating agency. The people's procuratorates shall, within three days of the date on which the case materials are transferred for investigation before prosecution, and at the same time that they notify the criminal suspect that he has the right to entrust a criminal defender, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid; and at the same time that they notify a victim and his legal representative or close relatives that they have the right to entrust agents ad litem, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid. The people's courts shall, within three days from the date on which investigation of a case for prosecution has been completed, and at the same time that they notify the defendant that he has the right to entrust a criminal defender, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid. The people's courts shall, within three days from the date on which they receive the file record for a case of private prosecution, and at the same time that they notify the private prosecutor and his legal representative that they have the right to entrust an agent ad litem, also notify him that if there is a financial hardship, he can apply to a legal aid organization for legal aid. Article 5. Notification can be carried out verbally or in writing. A record shall be kept in the case of verbal notification and signed by the defendant; a written notification shall be returned for execution on the person's file. Article 6. The public security bureau, people's procuratorates, and people's courts shall, within 24 hours after receiving a request from a detained criminal suspect or criminal defendant for legal aid, transfer the application to the local legal aid organization and also inform the applicant's legal representative, close relatives, or other entrusted persons to assist in providing the relevant certifications, evidence, and case materials as mandated under Article 17 of the "Regulation on Legal Aid." Where the address of a criminal suspect's legal representative or close relatives is unclear, and such persons cannot be informed, the public security bureau, people's procuratorates, and people's court shall, at the time of transfer of the application, also notify the legal aid organization. Article 7. After a legal aid organization has received an application, it shall immediately examine the application and make its decision in accordance with the relevant regulations. With respect to cases that qualify for legal aid, the legal aid organization shall decide to provide legal aid and, within three days of the date of the decision, assign a lawyer and send written notification to the public security bureau, people's procuratorate, and people's court; with respect to cases failing to satisfy conditions for legal aid, the legal aid organization shall make a decision not to provide legal aid and, within three days of the date of the decision, provide written notification of its reasons to the applicant and written notification to the public security bureau, people's procuratorate, and people's court. In official correspondence regarding legal aid in criminal matters, a legal aid organization shall clearly indicate the name and contact information of the lawyer handling the case. Article 8. If an applicant objects to the decision of the legal aid organization not to provide legal aid, he can raise this with the judicial administration department assigned to the legal aid organization. The judicial administration bureau shall, within five business days of the date on which it receives the objection, initiate an investigation. If the investigation leads to the conclusion that the applicant has satisfied the conditions for legal aid, the judicial administration bureau shall, in written form, order the legal aid organization to immediately provide legal aid to the applicant and, at same time, notify the applicant. If the conclusion is that the applicant has failed to qualify for legal aid, the judicial administration bureau shall affirm the decision of the legal aid organization not to provide legal aid and also provide written notification of its affirming decision and reasons in a written notice to the applicant. Article 9. When a people's court appoints a criminal defender in accordance with the "Criminal Procedure Law" and related judicial interpretations, it shall deliver copies of the notification of appointment and criminal indictment, or a copy of the verdict, to the local legal aid organization. These documents will be consolidated for acceptance and organized for implementation by the legal aid organization. When a people's court decides to commence trial proceedings, it shall, ten days prior to commencement of the trial, deliver copies of the notification of appointment and criminal indictment, or a copy of the verdict, to the local legal aid organization. In its notification of appointment of a criminal defender, a people's court shall clearly indicate the nature of the case, defendant's name, reason for a court-appointed criminal defender, name and contact information of the person handling the case, and, where it has decided to commence trial proceedings, it shall clearly indicate the trial time and location. Article 10. A legal aid organization shall, three days prior to commencement of a trial, send written notification of the name and contact information of the legal aid representative appointed to handle the case to the people’s court. Article 11. After a lawyer has accepted his assignment by a legal aid organization, he shall complete the attorney filings in accordance with the relevant regulations. In court-appointed criminal defense cases, the lawyer shall, prior to commencement of the trial, seek approval from the defendant to be the person responsible for his criminal defense. If the criminal defendant disagrees, the lawyer shall make this notation in the record and also send written notification to the people's court and legal aid organization. Article 12. Where the defendant insists on defending himself and rejects being defended by court-appointed counsel, the people's court shall allow for this and make a notation in the case record. Where circumstances require that a defendant shall have a court-appointed criminal defender, the people's court shall investigate and determine the reason for the defendant's rejection of a court-appointed criminal defender. If there is good reason, the court shall allow for this, but the defendant must entrust another criminal defender. If the defendant does not entrust another criminal defender, the people's court shall appoint alternate counsel. Where a people's court, in accordance with the preceding paragraph, decides to appoint another criminal defender on behalf of defendant, it shall, within three days of the date on which the decision is made, send written notification to the legal aid organization charged with making the assignment. Article 13. Where circumstances set forth under Article 23 of the "Regulation on Legal Aid" arise in the implementation of legal aid in a criminal lawsuit, the legal aid organization or people's court that decides to terminate legal aid services or appointment of a criminal defender shall, on the day that such decision is made, send written notification to the other party. The other party shall then make a corresponding decision to terminate. Article 14. Where a people's court decides to change the time of commencement of trial, it shall, three days prior to commencement of the trial, notify the lawyer handling the legal aid case. Where the lawyer handling the legal aid case has a legitimate reason for not being able to make a timely appearance in court, he can apply to the people's court to postpone commencement of trial. Where the people's court agrees to postpone commencement of trial, it shall immediately notify the lawyer handling the legal aid case. Article 15. Where a people's court has decided not to initiate trial proceedings on a case, the lawyer handling a legal aid case shall, within ten days of the date on which he receives an assignment letter from a legal aid organization, submit his written defense opinion. Article 16. The public security bureaus and people's procuratorates shall, in accordance with law, support the lawyer handling a legal aid case in the development of his case. They shall inform the lawyer of the name of the crime that the criminal suspect is accused of, arrange for him to meet with the criminal suspect in detention as provided for under law, and provide the necessary conditions to facilitate the lawyer's ability to provide legal advice, file petitions and complaints, and apply for a guaranty pending trial and other measures on behalf of a criminal suspect in detention. Article 17. During the phase of investigation before prosecution, the people's procuratorate shall provide references, excerpts, and duplication of case files and forensic documents to a lawyer handling a legal aid case. It shall provide conditions to facilitate the lawyer's meetings and communications with a criminal suspect in detention. When investigating a case, a people's court shall listen to the opinions of the lawyer handling the legal aid case. Article 18. After a public security bureau has withdrawn a case or transferred a case for investigation before prosecution, or a people's court has initiated a public prosecution or made a decision not to prosecute, it shall, within five days, notify the lawyer handling a legal aid case of the action taken on the case. Article 19. A people's court shall, in accordance with law, support the lawyer handling a legal aid case in the development of his case. It shall provide references, excerpts, and duplication of materials containing the alleged facts of the crime to a lawyer handling a legal aid case. It shall make available conditions facilitating the lawyer's meetings and communications with a criminal suspect in detention. Article 20. The public security bureaus, people's procuratorates, and people's courts shall provide an exemption or discounted rate on fees for the duplication of necessary materials on behalf of a lawyer handling a legal aid case. The measure of the discount shall be calculated on the basis of required costs for duplication of materials. Article 21. In the course of handling a legal aid case, a lawyer shall do his best and respect professional ethics and codes of conduct. Legal aid organizations shall provide professional guidance and supervision to a lawyer in his legal aid activities, in order to guarantee the quality of the legal aid case. If, in the course of handling a case, the public security bureau, people's procuratorate, or people's court discovers that a lawyer has violated professional ethics and codes of conduct, thus damaging the interests of the recipient of legal aid, it shall immediately report the situation to the legal aid organization that made the assignment. Article 22. A people's court shall, in its verdict and sentence, indicate the assigning legal aid organization, the lawyer handling the legal aid case, and the professional organization with which that lawyer is affiliated. Article 23. These provisions will become effective as of December 1, 2005. Where there is a conflict with the "Joint Circular Regarding Legal Aid in Criminal Matters" issued by the Supreme People's Court and Ministry of Justice on April 9, 1997, the "Joint Circular Regarding Provision of Legal Aid in Criminal Actions" issued by the Supreme People's Procuratorate and Ministry of Justice on April 24, 2000, and the "Joint Circular Regarding Provision of Legal Aid in Criminal Actions" issued by the Ministry of Justice and Ministry of Public Security on April 25, 2001, these provisions shall control. September 28, 2005
The following is a translation prepared by the Congressional-Executive Commission on China of the "Provisions on Legal Aid Work in Criminal Litigation" jointly issued by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice on September 28, 2005. The Chinese text was retrieved from the Law-Lib.com Web site on November 21, 2005. A summary of the projected impact of these provisions is available here.
Provisions of the Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, and Ministry of Justice on Legal Aid Work in Criminal Litigation
Article 1. These provisions are formulated, and the realities of legal aid work are combined, in accordance with the "Criminal Procedure Law of the People's Republic of China," "Law on Lawyers of the People's Republic of China," "Regulation on Legal Aid," and other related regulations, in order to strengthen and standardize legal aid work in criminal litigation.
Article 2. Criminal suspects, defendants in cases of public prosecution, victims in cases of public prosecution and their legal representatives or close relatives, and private prosecutors in cases of private prosecution and their legal representatives who, due to financial hardship, have not retained a lawyer or entrusted an agent ad litem, can apply for legal aid with any of the legal aid organizations within the public security bureau, people's procuratorate, or people's court handling the case.
As persons whose capacities are restricted, criminal suspects and defendants can be represented by their legal representative when applying for legal aid.
Article 3. The criteria for measuring a citizen's financial hardship shall be implemented in accordance with the regulations of the people's government of the province, autonomous region, or municipality directly under the central government receiving the case.
Article 4. The public security bureaus and people's procuratorates shall, subsequent to lawful interrogation of a criminal suspect for the first time or from the day on which compulsory measures are adopted against him, and at the same time that they notify a criminal suspect that he has the right to retain a lawyer to provide him with legal advice and to file petitions and complaints on his behalf or to apply on his behalf for a guaranty pending trial, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid. If a case involves state secrets, the criminal suspect shall be notified that his application for legal aid shall be approved by the investigating agency.
The people's procuratorates shall, within three days of the date on which the case materials are transferred for investigation before prosecution, and at the same time that they notify the criminal suspect that he has the right to entrust a criminal defender, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid; and at the same time that they notify a victim and his legal representative or close relatives that they have the right to entrust agents ad litem, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid.
The people's courts shall, within three days from the date on which investigation of a case for prosecution has been completed, and at the same time that they notify the defendant that he has the right to entrust a criminal defender, also notify him that if there is financial hardship, he can apply to a legal aid organization for legal aid.
The people's courts shall, within three days from the date on which they receive the file record for a case of private prosecution, and at the same time that they notify the private prosecutor and his legal representative that they have the right to entrust an agent ad litem, also notify him that if there is a financial hardship, he can apply to a legal aid organization for legal aid.
Article 5. Notification can be carried out verbally or in writing. A record shall be kept in the case of verbal notification and signed by the defendant; a written notification shall be returned for execution on the person's file.
Article 6. The public security bureau, people's procuratorates, and people's courts shall, within 24 hours after receiving a request from a detained criminal suspect or criminal defendant for legal aid, transfer the application to the local legal aid organization and also inform the applicant's legal representative, close relatives, or other entrusted persons to assist in providing the relevant certifications, evidence, and case materials as mandated under Article 17 of the "Regulation on Legal Aid."
Where the address of a criminal suspect's legal representative or close relatives is unclear, and such persons cannot be informed, the public security bureau, people's procuratorates, and people's court shall, at the time of transfer of the application, also notify the legal aid organization.
Article 7. After a legal aid organization has received an application, it shall immediately examine the application and make its decision in accordance with the relevant regulations. With respect to cases that qualify for legal aid, the legal aid organization shall decide to provide legal aid and, within three days of the date of the decision, assign a lawyer and send written notification to the public security bureau, people's procuratorate, and people's court; with respect to cases failing to satisfy conditions for legal aid, the legal aid organization shall make a decision not to provide legal aid and, within three days of the date of the decision, provide written notification of its reasons to the applicant and written notification to the public security bureau, people's procuratorate, and people's court.
In official correspondence regarding legal aid in criminal matters, a legal aid organization shall clearly indicate the name and contact information of the lawyer handling the case.
Article 8. If an applicant objects to the decision of the legal aid organization not to provide legal aid, he can raise this with the judicial administration department assigned to the legal aid organization. The judicial administration bureau shall, within five business days of the date on which it receives the objection, initiate an investigation. If the investigation leads to the conclusion that the applicant has satisfied the conditions for legal aid, the judicial administration bureau shall, in written form, order the legal aid organization to immediately provide legal aid to the applicant and, at same time, notify the applicant. If the conclusion is that the applicant has failed to qualify for legal aid, the judicial administration bureau shall affirm the decision of the legal aid organization not to provide legal aid and also provide written notification of its affirming decision and reasons in a written notice to the applicant.
Article 9. When a people's court appoints a criminal defender in accordance with the "Criminal Procedure Law" and related judicial interpretations, it shall deliver copies of the notification of appointment and criminal indictment, or a copy of the verdict, to the local legal aid organization. These documents will be consolidated for acceptance and organized for implementation by the legal aid organization.
When a people's court decides to commence trial proceedings, it shall, ten days prior to commencement of the trial, deliver copies of the notification of appointment and criminal indictment, or a copy of the verdict, to the local legal aid organization.
In its notification of appointment of a criminal defender, a people's court shall clearly indicate the nature of the case, defendant's name, reason for a court-appointed criminal defender, name and contact information of the person handling the case, and, where it has decided to commence trial proceedings, it shall clearly indicate the trial time and location.
Article 10. A legal aid organization shall, three days prior to commencement of a trial, send written notification of the name and contact information of the legal aid representative appointed to handle the case to the people’s court.
Article 11. After a lawyer has accepted his assignment by a legal aid organization, he shall complete the attorney filings in accordance with the relevant regulations.
In court-appointed criminal defense cases, the lawyer shall, prior to commencement of the trial, seek approval from the defendant to be the person responsible for his criminal defense. If the criminal defendant disagrees, the lawyer shall make this notation in the record and also send written notification to the people's court and legal aid organization.
Article 12. Where the defendant insists on defending himself and rejects being defended by court-appointed counsel, the people's court shall allow for this and make a notation in the case record.
Where circumstances require that a defendant shall have a court-appointed criminal defender, the people's court shall investigate and determine the reason for the defendant's rejection of a court-appointed criminal defender. If there is good reason, the court shall allow for this, but the defendant must entrust another criminal defender. If the defendant does not entrust another criminal defender, the people's court shall appoint alternate counsel.
Where a people's court, in accordance with the preceding paragraph, decides to appoint another criminal defender on behalf of defendant, it shall, within three days of the date on which the decision is made, send written notification to the legal aid organization charged with making the assignment.
Article 13. Where circumstances set forth under Article 23 of the "Regulation on Legal Aid" arise in the implementation of legal aid in a criminal lawsuit, the legal aid organization or people's court that decides to terminate legal aid services or appointment of a criminal defender shall, on the day that such decision is made, send written notification to the other party. The other party shall then make a corresponding decision to terminate.
Article 14. Where a people's court decides to change the time of commencement of trial, it shall, three days prior to commencement of the trial, notify the lawyer handling the legal aid case. Where the lawyer handling the legal aid case has a legitimate reason for not being able to make a timely appearance in court, he can apply to the people's court to postpone commencement of trial. Where the people's court agrees to postpone commencement of trial, it shall immediately notify the lawyer handling the legal aid case.
Article 15. Where a people's court has decided not to initiate trial proceedings on a case, the lawyer handling a legal aid case shall, within ten days of the date on which he receives an assignment letter from a legal aid organization, submit his written defense opinion.
Article 16. The public security bureaus and people's procuratorates shall, in accordance with law, support the lawyer handling a legal aid case in the development of his case. They shall inform the lawyer of the name of the crime that the criminal suspect is accused of, arrange for him to meet with the criminal suspect in detention as provided for under law, and provide the necessary conditions to facilitate the lawyer's ability to provide legal advice, file petitions and complaints, and apply for a guaranty pending trial and other measures on behalf of a criminal suspect in detention.
Article 17. During the phase of investigation before prosecution, the people's procuratorate shall provide references, excerpts, and duplication of case files and forensic documents to a lawyer handling a legal aid case. It shall provide conditions to facilitate the lawyer's meetings and communications with a criminal suspect in detention.
When investigating a case, a people's court shall listen to the opinions of the lawyer handling the legal aid case.
Article 18. After a public security bureau has withdrawn a case or transferred a case for investigation before prosecution, or a people's court has initiated a public prosecution or made a decision not to prosecute, it shall, within five days, notify the lawyer handling a legal aid case of the action taken on the case.
Article 19. A people's court shall, in accordance with law, support the lawyer handling a legal aid case in the development of his case. It shall provide references, excerpts, and duplication of materials containing the alleged facts of the crime to a lawyer handling a legal aid case. It shall make available conditions facilitating the lawyer's meetings and communications with a criminal suspect in detention.
Article 20. The public security bureaus, people's procuratorates, and people's courts shall provide an exemption or discounted rate on fees for the duplication of necessary materials on behalf of a lawyer handling a legal aid case. The measure of the discount shall be calculated on the basis of required costs for duplication of materials.
Article 21. In the course of handling a legal aid case, a lawyer shall do his best and respect professional ethics and codes of conduct.
Legal aid organizations shall provide professional guidance and supervision to a lawyer in his legal aid activities, in order to guarantee the quality of the legal aid case.
If, in the course of handling a case, the public security bureau, people's procuratorate, or people's court discovers that a lawyer has violated professional ethics and codes of conduct, thus damaging the interests of the recipient of legal aid, it shall immediately report the situation to the legal aid organization that made the assignment.
Article 22. A people's court shall, in its verdict and sentence, indicate the assigning legal aid organization, the lawyer handling the legal aid case, and the professional organization with which that lawyer is affiliated.
Article 23. These provisions will become effective as of December 1, 2005. Where there is a conflict with the "Joint Circular Regarding Legal Aid in Criminal Matters" issued by the Supreme People's Court and Ministry of Justice on April 9, 1997, the "Joint Circular Regarding Provision of Legal Aid in Criminal Actions" issued by the Supreme People's Procuratorate and Ministry of Justice on April 24, 2000, and the "Joint Circular Regarding Provision of Legal Aid in Criminal Actions" issued by the Ministry of Justice and Ministry of Public Security on April 25, 2001, these provisions shall control.
September 28, 2005
最高人民法院、最高人民检察院、公安部、司法部关于刑事诉讼法律援助工作的规定
司发通[2005]78号
第一条 为加强和规范刑事诉讼法律援助工作，根据《中华人民共和国刑事诉讼法》、《中华人民共和国律师法》、《法律援助条例》以及其他相关规定，结合法律援助工作实际，制定本规定。
第二条 犯罪嫌疑人，公诉案件中的被告人，公诉案件中的被害人及其法定代理人或者近亲属，以及自诉案件中的自诉人及其法定代理人，因经济困难没有聘请律师或者委托诉讼代理人的，可以向办理案件的公安机关、人民检察院、人民法院所在地的法律援助机构申请法律援助。
犯罪嫌疑人、被告人为限制行为能力人的，其法定代理人可代为申请法律援助。
第三条 公民经济困难的标准，按案件受理地所在的省、自治区、直辖市人民政府的规定执行。
第四条公安机关、人民检察院在对犯罪嫌疑人依法进行第一次讯问后或者采取强制措施之日起，在告知犯罪嫌疑人有权聘请律师为其提供法律咨询、代理申诉、控告 或者为其申请取保候审的同时，应当告知其如果经济困难，可以向法律援助机构申请法律援助。对于涉及国家秘密的案件，应当告知犯罪嫌疑人申请法律援助应当经 侦查机关批准。
人民检察院自收到移送审查起诉的案件材料之日起3日内，在告知犯罪嫌疑人有权委托辩护人的同时，应当告知其如果经济困难，可以向法律援助机构申请法律援 助；在告知被害人及其法定代理人或者其近亲属有权委托诉讼代理人的同时，应当告知其如果经济困难，可以向法律援助机构申请法律援助。
人民法院对提起公诉的案件自审查完毕之日起3日内，在告知被告人有权委托辩护人的同时，应当告知其如果经济困难，可以向法律援助机构申请法律援助。
人民法院自受理自诉案件之日起3日内，在告知自诉人及其法定代理人有权委托诉讼代理人的同时，应当告知其如果经济困难，可以向法律援助机构申请法律援助。
第五条 告知可以采取口头或者书面方式。口头告知的，应当制作笔录，由被告知人签名；书面告知的，应当将送达回执人卷。
第六条公安机关、人民检察院、人民法院在收到被羁押的犯罪嫌疑人、被告人提出的法律援助申请后，应当在24小时内将其申请转交所在地的法律援助机构，并通知申请人的法定代理人、近亲属或者其委托的其他人员协助提供《法律援助条例》第17条规定的有关证件、证明及案件材料。
犯罪嫌疑人的法定代理人或者近亲属地址不详无法通知的，公安机关、人民检察院、人民法院应当在转交申请时一并告知法律援助机构。
第七条法律援助机构收到申请后，应当依照有关规定及时审查并作出决定。对符合法律援助条件的，决定提供法律援助，并于决定之日起3日内指派律师并函告公安 机关、人民检察院、人民法院；对不符合法律援助条件的，作出不予援助的决定，并于决定之日起3日内书面告知申请人理由，并函告公安机关、人民检察院、人民 法院。
法律援助机构出具的刑事法律援助公函应当载明承办律师的姓名及联系方式。
第八条申请人对法律援助机构不予援助的决定有异议的，可以向确定该法律援助机构的司法行政部门提出。司法行政部门应当在收到异议之日起5个工作日内进行审 查，经审查认为申请人符合法律援助条件的，应当以书面形式责令法律援助机构及时对该申请人提供法律援助，同时通知申请人。认为申请人不符合法律援助条件 的，应当维持法律援助机构不予援助的决定，并将其维持决定及理由书面告知申请人。
第九条 人民法院根据《刑事诉讼法》及相关司法解释指定辩护的，应当将指定辩护通知书和起诉书副本或者判决书副本送交其所在地的法律援助机构，由法律援助机构统一接收并组织实施。
人民法院决定开庭审理的，应当在开庭10日前将指定辩护通知书和起诉书副本或者判决书副本送交其所在地的法律援助机构。
人民法院的指定辩护通知书应当载明案件性质、被告人姓名、指定辩护的理由、案件承办人的姓名和联系方式，已确定开庭审理的，应当载明开庭时间、地点。
第十条 法律援助机构应当在开庭3日前将确定的承办人员的姓名及联系方式函告人民法院。
第十一条 律师接受法律援助机构指派后，应当按照有关规定及时办理委托手续。
人民法院指定辩护的案件，律师应当在开庭前询问被告人是否同意本人为其辩护，被告人不同意的，律师应记录在案，并书面告知人民法院和法律援助机构。
第十二条 被告人坚持自己辩护，拒绝人民法院指定的律师为其辩护的，人民法院应当准许，并记录在案。
对被告人具有应当指定辩护情形的，人民法院应当查明拒绝指定辩护的原因，有正当理由的，应当准许，但被告人需另行委托辩护人。被告人未另行委托辩护人的，人民法院应当为其另行指定律师。
人民法院根据前款规定决定为被告人另行指定辩护人的，应当在决定之日起3日内函告作出指派的法律援助机构。
第十三条 实施法律援助的刑事诉讼案件出现《法律援助条例》第23条规定的情形时，法律援助机构、人民法院均应当在作出终止法律援助决定或者终止指定辩护决定的当日函告对方，对方相应作出终止决定。
第十四条 人民法院决定变更开庭时间的，应当在开庭3日前通知承办法律援助案件的律师。承办法律援助案件的律师有正当理由不能按时出庭的，可以申请人民法院延期开庭。人民法院同意延期开庭的，应当及时通知承办法律援助案件的律师。
第十五条 人民法院决定不开庭审理的案件，承办法律援助案件的律师应当在接到法律援助机构指派函次日起10日内向人民法院提交书面辩护意见。
第十六条 公安机关、人民检察院应当依法支持承办法律援助案件的律师开展工作，应当告知律师犯罪嫌疑人涉嫌的罪名，依法安排律师会见在押的犯罪嫌疑人，为律师向犯罪嫌疑人提供法律咨询、代理申诉、控告，为在押的犯罪嫌疑人申请取保候审等提供必要的便利条件。
第十七条 在审查起诉阶段，人民检察院应当为承办法律援助案件的律师查阅、摘抄、复制案件的诉讼文书、技术性鉴定材料以及同在押的犯罪嫌疑人会见和通信提供便利条件。
人民检察院审查案件，应当听取承办法律援助案件的律师的意见。
第十八条 公安机关在撤销案件或者移送审查起诉后，人民检察院在提起公诉或者作出不起诉决定后，应当在5日内将案件办理结果告知承办法律援助案件的律师。
第十九条 人民法院应当依法支持承办法律援助案件的律师开展工作，为其查阅、摘抄、复制案件所指控犯罪事实的材料以及同在押的被告人会见和通信提供便利条件。
第二十条 公安机关、人民检察院、人民法院对承办法律援助案件的律师复制必要的相关材料的费用应当予以免收或者减收，减收的标准按复制材料所必需的工本费用计算。
第二十一条 律师在办理法律援助案件过程中应当尽职尽责，恪守职业道德和执业纪律。
法律援助机构对律师的法律援助活动进行业务指导和监督，以保证法律援助案件质量。
公安机关、人民检察院、人民法院在办案过程中发现律师违反职业道德和执业纪律，损害受援人利益的，应当及时向作出指派的法律援助机构通报有关情况。
第二十二条人民法院应当在判决书、裁定书中写明作出指派的法律援助机构、承办案件的律师及其所在的执业机构。
第二十三条 本规定自2005年12月 1日起施行。1997年4月9日最高人民法院、司法部下发的《关于刑事法律援助工作的联合通知》，2000年4月24日最高人民检察院、司法部下发的《关 于在刑事诉讼活动中开展法律援助工作的联合通知》以及2001年4月25日司法部、公安部下发的《关于在刑事诉讼活动中开展法律援助工作的联合通知》与本 规定有抵触的，以本规定为准。
2005年9月28日