Question: I heard that the money in Japan to court, the jail can not the money to a lawyer by the state to come forward, does such a good thing?Answer: Under the rule of law, without distinction between rich and poor, to ensure everyone’s right to legal remedies have been thinking of the legal profession. Japan Federation of Bar Associations in 1952 based on the idea that the establishment of the Legal Aid Society. Since then, the economy is not well-off people also may get the help of legal advice and litigation assistance, legal aid work has become part of the public service activities of the Japan Federation of Bar Associations. Social responsibilities and obligations of the lawyer as a guardian of the rule of law, the Japan Federation of Bar Associations believe that the specific legal assistance, including legal advice and recommendations to the private settlement negotiations, representations, and other assistance activities in the pre-litigation and litigation-related assistance activities of the Tribunal. In other words, not only in criminal cases, between individuals, between individuals and the state, individuals and local governments, etc. between all civil disputes and administrative disputes are included. the lofty ideals of the
Japan Federation of Bar Associations, sustained continuous efforts finally paid off in the spring of 2000 after nearly 50 years, Japan’s “Civil Legal Aid Act,” introduced, and in the same year on October 1. The introduction of this law, the efforts of lawyers and the Bar Association since 1952 and achieved means that the Bar Association for many years been the wish of the system of legal aid in civil cases, guaranteed by the state financial expenditure rose from the civil legal remedies to .
Q: The good, the money foreigners can easily lawsuit.
A: In theory, as you said, but the system is a system guaranteed by the taxpayers’ money, there are certain prerequisites for its use. Need to invoke the system, one can not afford to bear the cost of litigation, the two have the possibility of success. Finally, it must be reminded that the system is not a free lunch, should repay the cost of aid spending in principle. The following two small subsidiary system to criminal cases, the legal aid system to do a little introduction.
◎ duty lawyer system
duty counsel system, regardless of the nationality of the suspects and the status of residence (residence), can get the lawyers met with the system at a pre-indictment stage. Duty counsel for the first time the meeting is free of charge, the suspect is a foreigner, the first meeting is free of charge to the cost of translation and legal counterparts. After the first meeting, if they continue to entrust the lawyer as defender of the need to burden of attorneys’ fees, but if the suspect really makes no commitment to economic ability, irrespective of nationality, are likely to get the assistance of the Legal Aid Society.
◎ States election the apologists system
the economic capacity of the suspects to pay commission fees of counsel, however, the economic capacity of the suspects is not a lawyer. The economic capacity of the suspects also able to get a lawyer to continue the apologists activities, the defendant has been prosecuted may request the elected countries choose counsel from the Legal Aid Society to decide whether the burden of the cost of a defender by the Association.disadvantages of
of selected defense is that the economy was not good suspects free met with duty counsel for the first time after about 20 days, you can not get legal aid duty counsel. This time it is prone to misunderstanding among the most vulnerable in the spirit of the suspects, and the prosecutor.
(From Japanese Chinese Herald)