Objects and conditions of judicial assistance by procuratorial organs

To apply for judicial assistance, there must be two conditions: first, the legitimate rights and interests of the parties are infringed; Second, the parties do have financial difficulties and it is difficult to bear part or all of the litigation costs. In any of the following circumstances, a party may apply to the people's court for judicial assistance: if it is really difficult to recover alimony, alimony, child care, pension, social insurance, labor remuneration and the victim himself, it is really difficult to recover the traffic accident, medical accident, industrial accident or other personal injury accident and medical expenses and material compensation;

One, the applicant has one of the following circumstances, generally not to rescue:

(a) there is a major fault in the case;

(two) refusing to cooperate with the investigation of the facts of the case without justifiable reasons;

(3) Deliberately making false statements or falsifying evidence, which hinders litigation;

(4) voluntarily giving up the claim for civil compensation or refusing the compensation of the person responsible for the damage and his close relatives in the lawsuit;

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

(six) through social assistance and other measures to get reasonable compensation and assistance.

Two, the applicant for assistance in any of the following circumstances, the people's Procuratorate shall give assistance:

(1) The victim of a criminal case is seriously injured or severely disabled due to a crime, and the victim is unable to obtain compensation through litigation because of his death or inability to pay compensation, resulting in difficulties in life;

(two) the victim of a criminal case is harmed by a crime and is in urgent need of medical treatment and unable to bear the medical expenses;

(3) If the victim of a criminal case dies as a result of a crime, and his close relatives whose main source of income is income or others who are supported, supported and raised by him are unable to obtain compensation through litigation because of the death of the perpetrator or his inability to pay compensation, resulting in difficulties in life;

(4) The victim of a criminal case was infringed by a crime, resulting in heavy losses to his property, and he was unable to obtain compensation through litigation because of his death or inability to pay compensation, 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 property losses, and they are unable to obtain compensation through litigation, resulting in difficulties in life;

(six) due to road traffic accidents and other civil tort caused personal injury, unable to obtain compensation through litigation, resulting in difficulties in life;

(seven) other circumstances that the people's procuratorate deems necessary according to the actual situation.

Three, the procuratorate to determine the specific amount of assistance, should consider the following factors:

(a) The actual losses suffered by the applicant for assistance;

(two) whether the applicant himself is at fault and the degree of fault;

(3) The financial situation of the applicant and his family;

(4) The minimum expenses necessary to help the applicant maintain a basic living;

(5) The actual compensation amount of the compensation obligor;

(6) Other factors that should be considered.

Legal basis:

Measures of the people's court on litigation expenses

Article 27

If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court.