SF/T 0032-2023 in English
VALIDNational specification for criminal legal aid service
- Issued on:2023-11-16
- Implemented on:2023-11-16
- File Format:PDF
- Delivery:Via email within 5 business days
$359.00
本文件给出了刑事法律援助服务的服务原则，规定了刑事法律援助的服务形式、法律咨询、代拟法律文书、刑事辩护与代理、值班律师法律帮助、结案归档与补贴发放以及服务质量控制的要求。
本文件适用于全国刑事法律援助服务的组织实施等工作。
Introduction
Background and significance of the revision of the standard
As an industry standard revised under the leadership of the Public Legal Services Administration of the Ministry of Justice, the 2023 version of the standard mainly responds to the needs of institutional connection after the implementation of the Legal Aid Law. Compared with the 2019 version, this revision presents three major features: expansion of service scope (addition of 4 types of services such as drafting documents), refined procedures (clarification of time limits for each link), and strengthening of quality control (establishment of 6 evaluation mechanisms).
Interpretation of core content
1. Service principle system
| Principles | Requirements of the 2019 version | New points of the 2023 version |
|---|---|---|
| Principle of fairness | Basic procedural guarantees | New human rights protection clauses (Article 4.1) |
| Principle of unity | Uniform assignment by institutions | Clear unified management of on-duty lawyers (Article 4.2) |
| Principle of efficiency | Time-limited handling | New one-time notification system (Article 4.3) |
2. Key process optimization
Typical case: In a theft case, the lawyer completed the evidence verification within 10 days during the review and prosecution stage in accordance with Article 8.5.2.3, which was 5 days shorter than the old version, and facilitated a confession of guilt and lenient treatment.
Main highlights of the revision:
- Meeting requirements: It is clarified that there should be at least one meeting at each litigation stage (8.5.2.1b)
- Time limit compression: The assignment cycle is reduced from 5 days to 3 days (8.4.1a)
- Material specifications: 15 types of archival materials specified in Appendix A
Implementation suggestions
1. Institutional management optimization
It is recommended that legal aid institutions establish:
- Information management system: Realize the full process tracking of electronic case files required by Article 10.1.10
- Quality assessment team: Set up a third-party expert review team in accordance with Article 11.4.2
- Complaint response mechanism: Strictly implement the 48-hour response time limit in Article 11.8
2. Key points for lawyers’ practice
Special attention should be paid to the following by lawyers:
- Social investigation must be conducted in cases involving minors (8.5.2.5.1a)
- Defenders in death penalty cases must have more than 3 years of criminal defense experience (8.4.1d)
- Witnesses of confession and admission of guilt must leave a record of the entire process (9.4.2c)
Comparative analysis of the new and old standards
| Dimensions | SF/T 0032-2019 | SF/T 0032-2023 |
|---|---|---|
| Definition of terms | 6 items | 8 items (new on-duty lawyers, etc.) |
| Service links | 7 main links | 11 detailed links |
| Quality control | 3 measures | 9 complete systems |
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