National judicial assistance is a people's livelihood project that "leads to the sufferings of the people on one end and judicial care on the other." For these victims and their families, national judicial assistance "provides help in times of need", extending a helping hand in a

There is a special group behind many cases. They are the victims and their families whose lives have been plunged into urgent difficulties due to criminal acts. National judicial assistance is a people's livelihood project that "leads to the sufferings of the people on one end and judicial care on the other." For these victims and their families, national judicial assistance "provides help in times of need", extending a helping hand in a timely manner in the difficulties of life and conveying the warmth of justice. and strength. Let’s learn about the relevant knowledge of judicial assistance with Tongfang Jun.

Question 1

What is the National Judicial Assistance of the Procuratorate?

The People's Procuratorate carries out national judicial relief work, which is a auxiliary relief measure taken by the People's Procuratorate during the handling of cases for parties who have suffered criminal infringement or civil infringement, are unable to obtain effective compensation through litigation, and are facing urgent difficulties in life. Judicial aid should follow the four principles of providing assistance to the fullest extent possible, fair and reasonable assistance, territorial assistance, and auxiliary assistance.

Question 2

Under what circumstances can one apply to the procuratorate for national judicial assistance?

(1) The victim of a criminal case is seriously injured or severely disabled due to criminal infringement, and the case cannot be solved, the statute of limitations for prosecution has expired, the perpetrator is dead, or he has no ability to make compensation;

(2) The victim of a criminal case is subjected to a crime The violation causes personal injury, urgent medical treatment, and the inability to bear the cost of medical treatment;

(3) The victim of a criminal case is killed by a criminal violation or loses the ability to work, and relies on his close relatives or others who support, support or support his income as the main source of living. Persons whose lives are difficult because the case cannot be detected, the statute of limitations for prosecution has expired, the perpetrator is dead or has no ability to compensate;

(4) The victim of a criminal case has been criminally violated, resulting in heavy losses to property, and the case cannot be detected or prosecution has expired time limit, the perpetrator is dead or has no ability to compensate, causing difficulties in life;

(5) The whistleblower, witness, or appraiser is retaliated against for reporting to the procuratorial organ, testifying, or accepting the commission of the procuratorial organ to conduct a judicial appraisal, resulting in personal injury or The property is severely damaged, causing difficulty in living;

(6) Personal injuries are caused by civil torts such as road traffic accidents, and compensation cannot be obtained through litigation, causing difficulty in living;

(7) The People's Procuratorate deems that assistance is needed based on the actual situation other situations.

Question 3

Under what circumstances does the procuratorate generally not grant state judicial assistance?

(1) Having a major fault for the occurrence of the case;

(2) Refusing to cooperate in ascertaining the facts of the case without justifiable reasons;

(3) Deliberately making false statements or fabricating evidence to hinder the proceedings;

(4) In litigation

(5) Living difficulties are not caused by the case;

(6) Reasonable compensation and assistance have been obtained through social assistance and other measures.

Question 4

Can the procuratorate provide first aid in an emergency?

works. If a victim in a criminal case is personally injured due to criminal violations and is in urgent need of medical treatment and cannot afford the medical treatment, with the approval of the chief prosecutor, the People's Procuratorate shall provide first aid in accordance with national judicial aid standards and complete relevant procedures in a timely manner after the aid is provided.

Question 5

What materials should be provided when applying to the procuratorate for national judicial assistance?

(1) Application for national judicial assistance. The application should state basic information such as family population, economic income, contact information, and reasons for life difficulties;

(2) Valid identity certificate of the applicant for assistance, which shall be provided by the local Provided by the police station;

(3) Proof of actual damage results, including the victim's injury appraisal opinions, medical diagnosis conclusions and medical expense receipts or death certificate, and property losses caused by unlawful infringement;

(4) Rescue applicant Documents certifying the living difficulties of the applicant and its family members shall be issued by the village committee or neighborhood committee of the applicant's place of household registration or habitual residence, and shall state the applicant's family size, working ability, employment status, family per capita income, etc.;

(5) Explanations or supporting materials on whether compensation, assistance, etc. are obtained, such as court execution status, hospital medical records, etc.;

(6) Other relevant supporting materials, such as criminal judgments, civil judgments, and other legal documents related to the case.

If a rescue applicant is indeed unable to obtain relevant certification materials due to special difficulties, he or she may apply to the People's Procuratorate to obtain them.

Question 6

How is the National Judicial Relief Fund determined by the Procuratorate?

The relief fund is determined based on the average monthly salary of employees in the previous year in the province, autonomous region, or municipality where the People's Procuratorate handling the case is located, and generally does not exceed thirty-six months' total salary. If the loss is particularly serious and life is extremely difficult, and it is necessary to appropriately exceed the rescue limit, it shall be strictly reviewed and submitted for approval in accordance with relevant regulations. The total amount shall not exceed the amount of compensation that the people's court shall judge according to law.

The average monthly salary of employees in each province, autonomous region, and municipality in the previous year is calculated based on the published average annual salary of employees in each province, autonomous region, and municipality in the previous year. If the calculation of the average annual salary of employees in the previous year has not been announced, the published average annual salary of employees in the most recent year shall prevail.

Since the beginning of this year, the Tongzhou District Procuratorate has provided judicial assistance to two rescue applicants, Mi and Wang, and distributed a total of more than 150,000 yuan in relief funds. Among them, Mi's case was the first civil infringement judicial assistance case handled by our court, and Wang's case was specially interviewed and reported by the Beijing TV station's Rule of Law and Life at This Moment columns. The Tongzhou District Procuratorate adheres to the people-centered development concept and its specific measures to implement justice for the people have been highly praised by all walks of life, achieving the organic unity of political, social and legal effects.

"Emotion and law blend together, and warmth is in your hands." The Tongzhou District Procuratorate has always insisted on promoting the implementation of various judicial assistance measures from a political perspective, truly playing the role of "emergency relief", demonstrating the political responsibility of "judiciary for the people", and integrating judicial assistance work into the procuratorial work In all aspects of case handling, we insist on informing rights as soon as possible, accepting applications for assistance as soon as possible, distributing relief funds as soon as possible, realizing all-round connection between needs and assistance, effectively performing prosecutorial duties, and delivering the "procuratorial warmth" of judicial assistance. to the rescue applicants and safeguard the legitimate rights and interests of the people.

Contribution: Fourth Procuratorate Department

Source: Tongzhou Procuratorate