"Thank you prosecutor, I will definitely study hard and be a useful person in the future. Recently, the rescued person Xiao Wang received a national judicial aid fund of 32,000 yuan from the prosecutor of the Juvenile Case Prosecution Office of the Third Branch of the Municipal Procuratorate (hereinafter referred to as the non-prosecution office).
When handling an intentional homicide case, the criminal prosecutor of our court found that the victim's son, Xiao Wang, was still a minor, had a difficult family, and might meet the requirements for juvenile judicial assistance, so he immediately transferred the clues to our court's non-prosecution office for in-depth review. In order to fully protect the lawful rights and interests of minors, on the basis of a written review of the case file materials, the procurator who has not prosecuted the case is to visit Xiao Wang's school, place of residence, and so forth, to learn more about Xiao Wang's life and study. After investigation and verification, Xiao Wang has lived in Beijing with his mother for many years, and his mother works in Beijing and is the main source of livelihood for the family. In order to solve the difficulties faced by Xiao Wang in a timely manner, the procurator accelerated the pace of handling the case and actively helped Xiao Wang apply for national judicial assistance. At the same time, in order to try their best to repair Xiao Wang's emotional wounds and help him get out of the haze of life as soon as possible, the procuratorate actively communicated and coordinated, linked families, schools, professional social organizations and other forces, improved family education methods through family education guidance, enhanced parent-child communication, and the school gave more attention and care, and entrusted professionals to carry out psychological counseling in a timely manner, and jointly solve the psychological, academic, and family problems that may exist after he suffered a major accident.
"I hope that Xiao Wang will get out of the torrential rain as soon as possible and return to the sun. "The prosecutor of our court will continue to pay attention to Xiao Wang's growth, and track and supervise the use of national judicial aid funds to ensure that they are used to protect Xiao Wang's study and life.
We will continue to implement the special action of "Protecting People's Livelihood", adhering to the principle of "the best interests of minors", and strive to create a diversified assistance model with sound mechanisms, outstanding highlights and obvious results, so that judicial assistance can become a ray of light for the unfortunate lives of minors in difficult circumstances and illuminate their path of hope.
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1. What is judicial aid provided by the procuratorate?
State judicial aid by procuratorial organs is an auxiliary relief measure for the people's procuratorates, in the course of handling cases, for parties or close relatives who have suffered criminal or civil infringements and are unable to obtain effective compensation through litigation, to be given appropriate economic assistance by the state to help them get out of their predicament.
2. How do I know if my case meets the requirements for judicial assistance?
The targets of state judicial aid are limited to natural persons, excluding legal persons and social organizations. Parties who meet the requirements for assistance, regardless of whether their household registration is local or foreign, may apply to the procuratorate for assistance at the place where the original case has jurisdiction.
In any of the following circumstances, the people's procuratorate shall provide assistance:
▶ Where the victim of a criminal case has been seriously injured or seriously disabled as a result of a criminal violation, and the case cannot be solved, the statute of limitations for prosecution has passed, the perpetrator has died, or there is no ability to compensate, causing hardship in life;
▶ The victim of a criminal case has suffered personal injury as a result of a criminal offense and urgently needs medical treatment, and is unable to bear the cost of medical treatment;
▶ Where the victim of a criminal case has died or lost the ability to work as a result of a criminal violation, and the close relatives or other persons who have relied on their income as their main source of livelihood have caused hardship in their lives because the case cannot be solved, the statute of limitations for prosecution has passed, the perpetrator dies, or has no ability to compensate;
▶ Where the victim of a criminal case has been harmed by a crime, causing major losses to property, and the case cannot be solved, the statute of limitations for prosecution has passed, the perpetrator has died, or there is no ability to compensate, causing hardship in life;
▶ Informants, witnesses, or evaluators are retaliated against for reporting to the procuratorate, testifying, or accepting the procuratorate's entrustment to conduct a judicial evaluation, causing personal injury or major property losses, causing hardship in their lives;
▶ Where personal injury is caused by a road traffic accident or other civil tort, and it is impossible to obtain compensation through litigation, causing hardship in life;
▶ Other situations where the people's procuratorate finds that assistance is necessary on the basis of the actual circumstances.
III. How to apply for judicial aid if eligible?
👉 Application method: The applicant for assistance may submit it to the accusation and appeal prosecution department of the people's procuratorate handling the case, and the application for assistance shall generally be submitted in writing. Where it is truly difficult for an applicant for assistance to provide a written application, it may be submitted orally, and the procurators shall make a record.
Applicants for assistance who are incapacitated or have limited capacity apply on their behalf.
Where the applicant for assistance is a close relative of a criminal victim who died as a result of a crime, or other persons who he or she supports, supports, or raises, as well as a legally-designated representative, who submits an application on his behalf, it is necessary to provide proof of social relationship with the victim;
The following materials shall be submitted when applying for national judicial assistance:
▶ Application for State Judicial Assistance;
▶ Valid proof of identity of the applicant for assistance;
▶ Proof of the results of the actual damage, including the victim's injury appraisal opinion, medical diagnosis conclusion, medical expense receipts or death certificate, and property losses caused by the unlawful infringement;
▶ Proof of the hardship of the applicant and his/her family members;
▶ An explanation or proof of whether compensation or assistance has been obtained;
▶ Other relevant supporting materials.
Exhibit: Beijing City Tang Sanbu Hospital
Contributed by: Yuan Jiayi, First Procuratorate Department