Xintai city People’s Procuratorate
the people
My family died in a traffic accident, and my family hasn’t received a penny of compensation so far. I am basically unable to work because of illness, and there are two children at home who need to borrow money for tuition. I urge the state to give me judicial assistance.
Xintai city People’s Procuratorate
Hello, your application has been accepted by our hospital. After verification, your situation is in line with Article 7, Item 6 of the Detailed Rules for National Judicial Assistance of the People’s Procuratorate (for Trial Implementation), which belongs to the scope of national judicial assistance. We will pay you relief money in the near future.
Slide up the text in the small phone.
Aunt Li, who lives in xintai city, originally had a happy family of four. Her husband was honest and dutiful, and her children were practical and studious. However, a sudden car accident caused her husband Zhu Mochang to be killed. After trial by the court, she was ordered to compensate Aunt Li for more than 270,000 yuan.
The judgment was obtained, but the compensation was delayed because the defendant was unable to compensate. Originally, her husband was the pillar of the family. Now that her husband has passed away, Aunt Li is in poor health and can only do odd jobs. The meager income is not enough for the tuition of two children, and the immediate livelihood of a family of three has become a problem. How can this be?
I heard that the procuratorate can provide judicial assistance to qualified people? With the idea of giving it a try, Aunt Li dialed the 12309 procuratorial service hotline of xintai city People’s Procuratorate. After learning about Aunt Li’s situation, the receptionist patiently and meticulously explained the relevant provisions of judicial assistance to Aunt Li, telling her to submit a written application, and the procuratorate would reply as soon as possible.
Xintai city people’s procuratorate 12309 procuratorial service center
After receiving Aunt Li’s application for judicial assistance, the People’s Procuratorate of xintai city immediately sent personnel to verify it. After review, Aunt Li’s situation conforms to the situation stipulated in Item 6 of Article 7 of the Detailed Rules for National Judicial Assistance of People’s Procuratorate (for Trial Implementation), which belongs to the scope of national judicial assistance, and the applicant Li Guangmei should be given national judicial assistance.
The People’s Procuratorate of xintai city immediately proceeded to verify the case.
Holding the 10,000-yuan bailout money sent by the procuratorate, Aunt Li held the hand of the prosecutor tightly and repeatedly expressed her gratitude, saying that the judicial assistance of the procuratorate made their family see the hope of life again.
How does the people’s procuratorate carry out the national judicial assistance work
(1) Auxiliary assistance. If the same party in the same case is rescued only once, and other case-handling organs have already rescued it, the people’s procuratorate will not rescue it. If compensation or compensation can be obtained through litigation, it should be resolved through litigation.
(2) just assistance. Strictly grasp the standards and conditions of assistance, take into account the actual situation of the parties and the amount of assistance in similar cases, and achieve fair, just and reasonable assistance.
(3) Timely assistance. The parties who meet the conditions for assistance shall provide timely assistance according to the application of the parties or according to their functions and powers.
(4) Territorial assistance. The people’s procuratorate handling the case shall be responsible for the assistance of the parties who meet the conditions for assistance.
Who can get legal aid?
(1)
The victim of a criminal case is seriously injured or disabled by a crime, and cannot obtain compensation through litigation because the perpetrator is dead or unable to compensate, resulting in difficulties in life;
(2)
The victim of a criminal case is endangered by a crime, and is in urgent need of medical treatment and unable to bear the medical treatment expenses;
(3)
The victim of a criminal case is killed by a crime, and his close relatives who rely on his income as their main source of livelihood or other people who are supported, supported and raised by him are unable to obtain compensation through litigation because of the death or inability to compensate, resulting in difficulties in life;
(4)
The victim of a criminal case has been infringed by a crime, resulting in heavy losses to his property, and he is unable to obtain compensation through litigation because of the death or inability to compensate, resulting in difficulties in life;
(5)
Informants, witnesses and expert witnesses have been retaliated for reporting to the procuratorial organs, giving testimony or accepting judicial expertise entrusted by the procuratorial organs, resulting in personal injury or heavy losses to property, and unable to obtain compensation through litigation, resulting in difficulties in life;
(6)
Personal injury caused by road traffic accidents and other civil torts, and it is impossible to obtain compensation through litigation, resulting in difficulties in life;
(7)
Other circumstances that the people’s procuratorate deems necessary according to the actual situation.
I want to apply for judicial assistance. What should I do?
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(1) An application for national judicial assistance;
(2) The valid identity certificate of the applicant for assistance;
(3) Proof of actual damage results, including the victim’s injury appraisal opinions, medical diagnosis conclusions, medical expense documents or death certificates, and property losses caused by unlawful infringement;
(four) proof of the living difficulties of the applicant and his family members;
(five) whether to obtain compensation, assistance and other information or certification materials;
(6) Other relevant certification materials.
What does judicial assistance have?
National judicial assistance is mainly based on the payment of aid money, combined with ideological guidance, publicity and education, matched with legal aid and litigation relief, and connected with other social assistance.
The relief fund is determined on the basis of the average monthly salary of employees in the province, autonomous region or municipality directly under the Central Government where the people’s procuratorate handling the case is located in the previous year, and generally does not exceed the total salary of 36 months. If the losses are particularly serious and the life is particularly difficult, and it is necessary to appropriately break through the rescue limit, it shall be strictly examined and controlled, and submitted for approval in accordance with relevant regulations, and the total amount shall not exceed the amount of compensation that the people’s court should decide according to law.
Can I get help as long as I apply?
Of course not, the following situations are not allowed!
(a) there is a major fault in the case;
(2) refusing to cooperate with the investigation of the facts of the case without justifiable reasons;
(3) intentionally making false statements or falsifying evidence, which hinders litigation;
(4) voluntarily giving up the claim for civil compensation or refusing compensation from the person responsible for the harm and his close relatives in the proceedings;
(5) Life difficulties are not caused by the case;
(six) through social assistance and other measures have been reasonable compensation and assistance.
Laiyuangun xintai city People’s Procuratorate
Wen zi Zhang Jing
Photo: Pan Jilei
Audit Wang Rongrong
Editor Fan Jinyue
Original title: "The family has suffered a change, and the compensation of 270,000 yuan cannot be put in place. Who can help me?" 》