Showing posts with label state legal aid. Show all posts
Showing posts with label state legal aid. Show all posts

Chapter I - GENERAL DISPOSITIONS

    Article 1. Object of the Law
    This law regulates the volume and the application of state-guaranteed legal assistance in defense of human rights and fundamental freedoms, its legitimate interests.

    Article 2. Definitions
    In this law, the following definitions apply:
    state legal assistance - providing legal services provided by this law from the funds intended to provide such services to those who lack sufficient funds to pay and who meet the conditions stipulated in this Law;
    primary legal assistance - provision of information on the system of the Republic of Moldova, the regulations in force, the rights and obligations of subjects of law, on how to achieve and exploitation of rights by judicial and extrajudicial, providing advice on legal matters; providing assistance in drawing up legal documents, providing other forms of assistance that fall outside the category of qualified legal assistance;
    qualified legal assistance - providing legal consultancy services, representation and / or defense to the prosecution in the criminal courts, administrative, civil or administrative litigation, representation before government authorities;
    public defender - a person having the right to conduct business as a lawyer in the Law on Advocacy, admitted on the basis of selection criteria to provide free or partially free legal assistance from the funds for qualified legal assistance guaranteed by the state;
    para-lawyer - someone who enjoys high esteem in the local community, with legal studies incomplete or complete higher education, which does not practice as a lawyer and, after special training, is qualified to assist community members in the primary legal the funds for legal assistance guaranteed by the State under a regulation on the qualification status and para-lawyers.

    Article 3. Types of state legal aid
    Under present law, authorized the following types of state legal assistance:
    a) Primary legal assistance;
    b) qualified legal assistance.

    Article 4. Principles of state-guaranteed legal assistance
    State legal assistance is available for the:
    a) equality of all persons who benefit from it;
    b) a person's professional competence granted;
    c) the quality, effectiveness and efficiency of services provided;
    d) confidentiality;
    e) inadmissibility of conflict of interest.

    Article 5. State guarantees
    To realize the principle of free access to legal assistance, the organization and functioning of institutions responsible for providing legal assistance guaranteed by the state budget allocation required remuneration for legal services rendered under this law.

    Article 6. Persons entitled to assistance state legal
    (1) The state legal assistance Moldovan citizens within the limits set by law.
    (2) Foreign citizens and stateless persons receive legal assistance guaranteed by the state under this law, the procedures or in cases within the competence of public authorities and courts of the Republic of Moldova.

    Article 7. Forms of state legal aid
    The state legal assistance by:
    a) providing information, advice and explanations on legal matters;
    b) preparation of legal documents;
    c) representation before government authorities;
    d) defend the interests of the suspect, accused in criminal proceedings;
    e) representing the interests of defense and convicted;
    f) defense of the interests of the procedure in cases of contravention;
    g) the interests of defense and representation in civil proceedings;
    h) the interests of defense and representation in administrative court.

Chapter II - ADMINISTRATION IN GRANTING STATE_GUARANTEED LEGAL ASSISTANCE

    Article 8. Managing bodies system guaranteed legal assistance state
    The legal assistance guaranteed by the state is given by:
    a) Ministry of Justice;
    b) Bar Association;
    c) National Council of State and Legal Assistance offices across the country.

    Article 9. Functions of the Ministry of Justice in state-guaranteed legal assistance
    Ministry of Justice has the following functions in state-guaranteed legal assistance:
    a) State policy makers in state-guaranteed legal assistance;
    b) prepare draft legislation on state-guaranteed legal assistance;
    c) monitors the implementation of rules on state guaranteed legal aid and the assessment of quality of such care;
    d) prepare and submit to the Ministry of Finance draft budget for legal assistance guaranteed by the state;
    e) perform other functions under this law.

    Article 10. Bar functions in state-guaranteed legal assistance
    The Bar has the following functions in state-guaranteed legal assistance:
    a) participate in developing criteria for selection of lawyers to provide such assistance;
    b) participate in establishing criteria for assessing the quality of such care;
    c) monitoring the activities of lawyers involved in providing such assistance;
    d) disciplinary sanctions lawyers in the Law on the law and this law;
    e) perform other functions under this law.
    Article 11. National Council for Legal Assistance State Guaranteed
    (1) National Council of State Legal Assistance (the National Council) is a collegial body with the status of a statutory body consisting of seven members, established to manage the process of legal assistance guaranteed by the state.
    (2) The composition of the National Council are:
    2 members appointed by the Ministry of Justice, two members appointed by the Bar Association, a member appointed by the Ministry of Finance, one member appointed by the Superior Council of Magistrates and a member of the public organizations or academia.
    (3) As a member of the National Council may be designated licensed person in law or in economics (for a member appointed by the Ministry of Finance) with 5 years experience in the field, which enjoys high respect from society. Members of the National Council for 4 years and is renewable only once.
    (4) Membership of the National Council terminated the mandate expiration, upon request or on death. National Council member may be revoked by the appointing authority, in circumstances which preclude the execution of the warrant or request of the Board adopted by a vote of two thirds of the members, in case of failure or improper performance of duties. New Member of the National Council member duties revoked until the expiration of its mandate.
    (5) National Council President is elected by secret ballot of its members' term of office and may be revoked at the request of one third of the members. The decision to revoke the National Council shall be taken by secret vote of two thirds of the members.
    (6) National Council decisions are binding on all its territorial offices for lawyers providing legal assistance guaranteed by the state and para-legal.
    (7) National Council Regulation approved by the Ministry of Justice.
    (71) Operation of the National Council is provided by the administrative apparatus, which includes the Executive Director of the National Council (the executive) and other employees. Regulation of activity of the administrative apparatus is approved by the National Council.
    [Article 11 of. (71) introduced the LP112 from 5/18/12, MO149-154/20.07.12 art.488]
    (8) technical and material assistance of the National Council is provided by the Ministry of Justice of the state budget and other sources not prohibited by law.
    [Article 11 of. (8) amended by LP112 from 5/18/12, MO149-154/20.07.12 art.488]

    Article 12. Competence of the National
    (1) National Council has the following tasks:
    a) development policy state-guaranteed legal assistance;
    b) providing initial and continuing training, including through the National Institute of Justice, persons involved in the system of legal assistance guaranteed by the state;
    c) review the implementation of this law practice and adoption of uniform guidelines for its application;
    [Art.12 of. (1), c) in the wording of 18.05.12 LP112, MO149-154/20.07.12 art.488]
    d) maintaining the national registry of persons providing legal assistance guaranteed by the state;
    e) the operation of the administrative apparatus and its territorial offices;
    [Art.12 of. (1), letter e) of 18.05.12 amended by LP112, MO149-154/20.07.12 art.488]
    f) approve the annual report on legal aid system guaranteed by the state and bring it to the Ministry of Justice, Government and Parliament;
    [Art.12 of. (1), f) as amended by the LP112 05/18/12, MO149-154/20.07.12 art.488]
    g) submission to the Ministry of Justice of its quarterly report on the use of funds allocated for legal assistance guaranteed by the state;
    h) cooperation with foreign organizations, international organizations and civic associations working in state-guaranteed legal assistance;
    i) ensuring the implementation of pilot models of legal assistance guaranteed by the state.
    (2) To achieve its tasks, the National Council the following main functions:
    a) manages the legal assistance guaranteed by the state;
    b) submit to the Ministry of Justice proposals on legal aid costs guaranteed by the state for inclusion in the budget;
    [Art.12 of. (2), b) in the wording of 18.05.12 LP112, MO149-154/20.07.12 art.488]
    c) control over the management of budget funds allocated for legal assistance guaranteed by the state;
    [Art.12 of. (2), c) as amended by the LP112 05/18/12, MO149-154/20.07.12 art.488]
    d) determine the conduct of competitions for the selection of regional offices and coordinators organize such competitions;
    d1) determines how the contest to select the candidate for chief executive, organized the contest, appoint and dismiss chief executive officer;
    [Art.12 of. (2), lit.d1) introduced by the LP112 05/18/12, MO149-154/20.07.12 art.488]
    e) developing the methodology of calculation of income determines the level of allowing qualified legal assistance and to propose to the Government for approval;
    f) approve forms for obtaining documents and legal assistance guaranteed by the State, under this law;
    g) approve the criteria for selecting qualified lawyers for legal assistance, in coordination with the Bar Association;
    [Art.12 of. (2) letter g) of 18.05.12 amended by LP112, MO149-154/20.07.12 art.488]
    h) determine the conduct of competitions for the selection of lawyers qualified to give legal advice;
    [Art.12 of. (2), letter h) of 18.05.12 amended by LP112, MO149-154/20.07.12 art.488]
    i) determine the manner and conditions of remuneration of persons providing legal assistance guaranteed by the state;
    [Art.12 of. (2), letter i) of 18.05.12 amended by LP112, MO149-154/20.07.12 art.488]
    j) establishes and revises standards and professional activity of lawyers, para-lawyers, other categories of persons that provide legal assistance guaranteed by the state;
    k) establish, in coordination with the Bar Association, the criteria for assessing the quality of state-guaranteed legal assistance;
    l) monitor the qualified legal assistance, and assessing the quality of state-guaranteed legal assistance, provided by authorized persons;
    [Art.12 of. (2), letter l) of 18.05.12 amended by LP112, MO149-154/20.07.12 art.488]
    m) analyze information about legal assistance granted and examine proposals to improve the system of legal assistance guaranteed by the state.
    [Art.12 of. (2), lit.m) in the wording of 18.05.12 LP112, MO149-154/20.07.12 art.488]
    (3) National Council may perform other functions under this Law and other acts of state-guaranteed legal assistance.

    Article 13. National Council Meetings
    (1) The National Council meets in ordinary session once a quarter.
    (2) National Council shall be convened in extraordinary session at the request of its chairman, the Minister of Justice or at least 3 members.
    (3) National Council meeting chaired by the President. In the absence of the President, the meeting is chaired by a member designated by him or, where appropriate, an elected member at the meeting.
    (4) National Council Meeting is deliberative if its members are present most.
   (5) National Council decisions shall be adopted by majority vote, signed by the president and the secretary and published on the council website.
    (6) The meetings of the National Council are recorded in minutes signed by the members present at it.

    Article 13. Executive Director
    (1) The Executive Director shall be appointed by the National Council, by competitive employment for a period of five years. Its mandate is renewable only once. How to select candidates for chief executive and procedure of the contest are set by the National Council.
    (2) activity ceases executive director term expires on request or on death. The Executive Director may be dismissed by the National Council for failure or improper performance of duties, the finding of insufficient qualification or systematic commission of disciplinary offenses.
    (3) The Executive Director of the administrative function of the National Council has the following main tasks:
    a) National Council provides activities and control the operation of the legal assistance guaranteed by the state;
    b) the evaluation of the quality of state-guaranteed legal assistance, provided by authorized persons, as provided by this Act;
    c) manage resources allocated for state-guaranteed legal assistance;
    d) assess the costs, planning costs of legal assistance guaranteed by the state and presents the National Council for approval;
    e) prepare the annual report of activity in the system of legal assistance guaranteed by the State and submitted to the National Council for approval;
    f) provides for the selection contest coordinators territorial offices of the National Council and present the results of this contest National Council for approval;
    g) concluded on behalf of the National Council, individual employment contracts with selected candidates for the position of coordinator of the territorial office;
    h) provides for the selection contest for lawyers to assist the state legal and presents the results of the National Competition Council for approval;
    i) provide compensation to persons providing legal assistance guaranteed by the State, as provided by this Act;
    j) prepare documents for obtaining forms and legal assistance guaranteed by the State, under this law, and presents the National Council for approval;
    k) prepare reports on the use of forms of financial resources allocated for legal assistance guaranteed by the state and presents the National Council for approval;
    l) make proposals on standards of business and professional lawyers, parajuriştilor, other categories of persons that provide legal assistance guaranteed by the state;
    m) make proposals on how to review the criteria and conditions for qualified legal assistance and presents the National Council for approval;
    n) review complaints received from qualified legal assistance recipients and other interested institutions and refusals to grant such assistance, and the National Council shall regularly report on the examination;
    a) generalize the practice of implementation of this law and to recommend to its uniform application;
    p) collect statistical data from local offices on the needs of state legal assistance, they have based their analyzes and proposals for improving the system of legal assistance guaranteed by the state;
    q) develop the activity of the administrative rules and submit it to the National Council for approval;
    r) ensure covering the work of the National Council by public disclosure on the website of the National Council.
    (4) the administrative staff of the National Council provides secretarial work of the National Council.
    (5) Unless the Executive Director, National Council may appoint another person to fulfill their duties during his absence.
    (6) The remuneration of the Executive Director and staff of the administrative apparatus is made of means for state-guaranteed legal assistance.
    [131 introduced the LP112 from 5/18/12, MO149-154/20.07.12 art.488]

    Article 14. Offices of the National Council
    (1) The territorial offices of the National Council (the regional offices) are legal entities of public law and work in cities (municipalities) of residence of the courts of appeal.
    (2) regional offices provide legal assistance guaranteed by the State in the territorial jurisdiction of the court of appeal, by the following functions:
    a) legal assistance organization state-guaranteed contracts of lists of lawyers providing legal assistance guaranteed by the state;
    b) review of applications and documents submitted by applicants for state legal aid, deciding on the granting of such assistance;
    c) the appointment of lawyers qualified to provide legal assistance, including emergency legal assistance, concluding contracts with lawyers and para-public organizations providing legal assistance guaranteed by the state;
    d) collect statistical data about the needs of state legal assistance and their level of coverage in the area;
    e) to perform other functions under this Act.
    (3) The territorial offices of the National Council submitted quarterly progress report.
    (4) Working to ensure qualified legal assistance is made directly to the territorial office coordinator, selected and appointed by the National contest, held as required.
    (5) territorial office coordinator working on a contract basis, which stipulates the rights and obligations of the way of activity.
    (6) National Council shall notify the courts, prosecution and other authorities concerned about appointing coordinators.
    (7) The Government, together with local authorities, providing local offices with necessary premises of their work.
    (8) The territorial office, operating a coordinator and administrative staff. Regulation functioning regional offices approved by the National Council and the limited number of personnel, the Ministry of Justice.
    (9) The remuneration coordinator and administrative staff of the territorial office is done from state-guaranteed legal assistance for.

Chapter III - PRIMARY LEGAL AID

    Article 15. Primary legal aid
    (1) The primary legal assistance to persons referred to in Article 6, regardless of their income.
    (2) may be granted legal aid primary, according to this law, lawyers and para-public organizations specialized in providing legal assistance.
    (3) Coordinating primary legal assistance and organization services to perform quality control on the National Council.

    Article 16. Para-lawyers
    (1) Para-lawyers working under a regulation approved by the National Council.
    (2) Para-lawyers may be associated with consulting offices.
    (3) Training of para-lawyers a National Council made budgetary means and means from other sources not prohibited by law, allocated for this purpose.
    (4) Compensation shall be para-lawyers from the state budget from other sources not prohibited by law, basic cooperation agreement concluded with the territorial office in whose activity is rendering services.
    (5) Local authorities can provide para-lawyers with premises and technical and material means necessary.

    Article 17. Primary legal assistance by associations
    (1) associations specialized in providing legal assistance are entitled to provide primary legal support services.
    (2) National Council may enter into contracts with public associations for primary legal assistance under this law.
    (3) The State must provide the necessary support associations in the Law on Public Associations.
    Article 18. How legal aid primary
    (1) For primary legal assistance, the applicant addressed to authorized subjects specified in Article 15 paragraph. (2), the radius of his home written or oral request.
    (2) Primary legal aid is granted immediately, when addressing. If it is impossible to grant immediate assistance, the applicant shall be the date and time audience that will take place within 3 days of the date of request written or oral request.
    (3) primary legal aid applicant is entitled to address once on the same problem, except that discovers new relevant circumstances.
    (4) If there is a conflict of interest, subject to legal assistance is the primary law, consent of the applicant, to continue the assistance or to indicate the possibilities for getting them to other organs or other competent persons.
    (5) If, in the primary legal aid, there is need qualified legal assistance, the applicant is informed about the conditions benefit from such assistance and, upon request, will be assisted with the preparation of the request qualified legal.
    (6) Evidence of primary legal assistance to take a register of a given subject, within which the name and surname, his personal data, home address, the question asked about the primary legal duration audience, the result of consultation provided. If the applicant addressed oral request, proof of legal assistance shall be recorded by the primary signature in the register.

Chapter IV - QUALIFIED LEGAL

Section 1. Criteria qualified legal assistance

    Article 19. Persons entitled to assistance qualified legal
    (1) The right to qualified legal persons specified in Article 6 that:
    a) need legal assistance in criminal cases, and the interests of justice so require, but do not have sufficient means to pay for this service;
    b) require emergency legal assistance in the capture of the criminal offenses or proceedings;
    c) are entitled to assistance under Article 69 paragraph binding. (1) point 2) -12) of the Criminal Procedure Code of the Republic of Moldova;
    d) have the right to legal assistance required under art. 77 points. a) b) c) of the Code of Civil Procedure of the Republic of Moldova;
    [Article 19 of. (1), d) as amended by the LP112 05/18/12, MO149-154/20.07.12 art.488]
    e) need legal assistance in cases of contravention, civil and administrative litigation, but do not have sufficient means to pay for these services, the causes are complex in terms of legal or procedural.
    (2) qualified legal assistance may be requested at any stage of a criminal and civil cases, and to the initiation process.
    (3) The person receiving qualified legal assistance is required:
    a) to cooperate with the subject authorized to grant such assistance;
    b) to provide accurate information in the case for seeking assistance;
    c) provide immediately the subject authorized to issue a qualified legal or procedural actions of the body conducting any information about changing the circumstances that led qualified legal assistance.

   Article 20. Qualified legal assistance regardless of income level
    Qualified legal assistance is provided regardless of income level:
    a) persons mentioned in art. 19 para. (1). b)-d);
    b) persons suspected of committing an offense for which a penalty of arrest;
    c) persons in respect of which application of the penalty of expulsion risk in contravention proceedings;
    d) persons in respect of which required replacement penalty fine or community service work with imprisonment or arrest;
    e) persons who have received welfare, established in accordance with the law during the 6 calendar months preceding the month in which the request was made.
    [Article 20 in the wording of 18.05.12 LP112, MO149-154/20.07.12 art.488]

    Article 21. Qualified legal assistance depending on income level
    (1) In cases under Article 19. (1) a) and e), qualified legal assistance to persons whose income is less than the income provided by the Government for legal assistance under this the law.
    (2) In computing the income of the applicant state legal assistance, are considered income and average monthly earnings of 6 calendar months preceding the month in which the request was made.
    (3) the calculation of income and income enabling qualified legal assistance, as well as on the income statement, approved by the Government.
    (4) income level that allows qualified legal assistance is determined periodically, taking into account, in particular, the indexation of money income.
    (5) In order to benefit from qualified legal person category specified in para. (1) presents income statement on a prescribed form of government.

    Article 22. Partially free qualified legal
    (1) qualified legal assistance if the person whose income is greater than the income level established by the Government for legal assistance under this law is able to pay some legal expenses. In this case, may be qualified for legal aid beneficiary's financial contribution if this contribution does not exceed the possibilities of financial and material.
    (2) The procedure and conditions for qualified free legal assistance shall be determined in part by the National Council.

    Article 23. Reimbursement of costs of providing qualified legal assistance
    (1) In case of a judgment in civil or administrative litigation in favor of the beneficiary of a qualified legal assistance, assistance pay for qualified legal process is the losing party.
    (2) The beneficiary has obtained a qualified legal assistance on submission of false or inaccurate, including its financial condition, misleading territorial office is obliged to reimburse the costs of legal assistance.
    (3) If, during the process or the execution of the judgment, the financial situation has changed in meaning total or partial loss of the right to qualified legal assistance, the person is required to reimburse the costs of legal assistance.
    (4) Amounts of reimbursement specified in par. (1) - (3) transfer to the territorial office account.

    Article 24. Grounds for refusal of qualified legal assistance
    (1) Persons specified in this section are not qualified legal assistance if:
    a) application for legal aid is manifestly unfounded;
    b) not have the right to defense which require legal assistance, which in the documents presented;
    [Art.24 of. (1), c) repealed by the LP112 05/18/12, MO149-154/20.07.12 art.488]
    d) they can cover the entire cost of providing legal services at the expense of their property, except property which, under current legislation can not be pursued.
    (11) qualified legal assistance in cases of contravention and civil jurisdiction shall be refused if:
    a) application for commercial activity is clear from the applicant;
    b) the action is less than half of the subsistence minimum, calculated in accordance with the manner approved by the Government;
    c) the applicant has already qualified legal assistance on the same cause;
    d) the application relates to damage caused by damaged honor, dignity and professional reputation;
    e) the application relates to infringement of the neighborhood, except when referring to the danger of collapse, the compliance distance for construction of border disputes.
    [Art.24 of. (11) introduced the LP112 from 5/18/12, MO149-154/20.07.12 art.488]
    (2) Refusal to qualified legal assistance shall be given and can be challenged in administrative court within 15 working days from notification of the decision.

Section 2. How qualified legal assistance

    Article 25. Application for legal assistance qualified
    (1) Application for legal assistance shall be submitted qualified person who meets the conditions specified in Article 19.
    (2) A qualified legal assistance shall be made after a model approved by the National Council.
    (3) persons referred to in Article 19. (1) a) and e) the application must attach a statement of income for the benefit of state legal assistance.
    (4) Application for legal assistance may be officially qualified territorial and relatives or representatives of the applicant, personally or by mail.

    Article 26. Any application or request for grant qualified legal assistance
    (1) In the case under Article 19. (1) a) the applicant qualified legal assistance can apply for the territorial office in the prosecution or the court. The criminal investigation or court shall transmit the territorial office, within 3 working days of receiving the request and supporting documents. The decision to grant qualified legal assistance is issued by the territorial office coordinator and notify the applicant within 3 working days.
    (2) In the case under Article 19. (1) b) require the person who made the arrest within one hour of a lawyer appointed territorial office service. Coordinator will designate territorial office service lawyer and the lawyer will name to the person or body that carried out the detention within 3 hours after receiving the request to appoint the lawyer service.
    (3) In cases under Article 19. (1) c) and d), the territorial office is presented with demand by the prosecution or the court for appointment of counsel, without requiring any application referred to in Article .25. Decision coordinator territorial office of qualified legal assistance shall be notified to the applicant within one business day from the time of issue.
    (4) In the case under Article 19. (1) e) the applicant qualified legal assistance office has territorial demand in compliance with article 25. Decision of qualified legal assistance adopted by the territorial office coordinator and notify the applicant within 3 working days.

    Article 27. Decision on legal assistance qualified
    (1) Decision of qualified legal assistance shall contain:
    a) date and place of issue;
    b) name of the person who issued it;
    c) name of the issuer;
    d) name and surname;
    e) legal assistance as required;
    f) grounds for granting or refusing to provide qualified legal assistance;
    g) the name, coordinates lawyer assigned to qualified legal assistance;
    h) the manner and deadline for contesting the decision;
    i) other relevant information.
    (2) When appointed lawyer, territorial office coordinator will consider the applicant's request designating a certain lawyer, his training in the execution of decisions other qualified legal assistance and other relevant circumstances.
    (3) The rights and obligations of legal aid lawyer is certified by a qualified legal assistance decision issued under this law.
    (4) The lawyer appointed to qualified legal assistance on a case can be replaced by the decision of the territorial office coordinator in the following cases:
    a) upon written request, based, qualified legal assistance to the applicant;
    b) upon written request, based, of qualified legal aid lawyer;
    c) the detection of a conflict of interest or some other circumstances in which virtue can not advocate appointed qualified legal assistance on a case.

    Article 28. Emergency legal assistance
    (1) If the person requires emergency legal assistance in accordance with Article 19. (1) b), at the request of the person or body that made detention territorial office is obliged to grant legal aid emergency service by appointing a lawyer. Territorial Office may delegate the function of appointing lawyers to work in localities other than the home, other people and inform this court, prosecution and other authorities concerned.
    (2) lawyers registered in the list of legal aid lawyers qualified under 33, is listed in the service lawyers, if they agreed, which may be at least a month, and expressed willingness to be appointed as attorney for service at any time within 24 hours.
    (3) Each territorial office has a list of service's own lawyers.
    (4) The request to appoint a lawyer service will be presented in writing to the territorial office, including fax, or phone.
    (5) legal aid duty lawyer during detention of the person.
Section 3. Subjects authorized to pay
qualified legal assistance

    Article 29. Providing assistance to lawyers qualified legal
    (1) Legal assistance is provided by a qualified public defenders and legal aid lawyers on request.
    (2) Selection of qualified lawyers for legal assistance shall be based on competition, organized by the National Council.
    (3) Criteria for selection of qualified lawyers for legal assistance shall be determined in coordination with the National Bar Association.
    (4) To provide qualified legal assistance, territorial office ends, the public advocate or attorney to provide such services on request, contract the models approved by the National Council.
    (5) The contract referred to in para. (4), stipulates the obligation to assist the lawyer in a legal manner and terms of exercising this obligation, the State's right to control the quality of services provided.
   (6) National Board courses of initial training and continuing education for lawyers entitled to qualified legal assistance, including through the National Institute of Justice.
    (7) qualified legal aid lawyers working under quality standards and procedures for workload established by the National Council, enjoy the guarantees of independence under the Law on Advocacy.

    Article 30. Public Advocate
    (1) In the locality where the territorial office, qualified legal assistance is granted, usually by public defenders. If necessary, the National Council may choose public defenders and other localities.
    (2) public defenders working in the Regulation of activity of public defenders, approved by the National Council.
    (3) public defenders working in individual offices or lawyers associated office established under the Law on Advocacy.

    Article 31. A lawyer who provides legal assistance on request
    (1) A lawyer who provides legal assistance to claim an individual who, under the Law on Advocacy, obtained the right to practice as a lawyer and may be required to provide qualified legal assistance from the funds for legal assistance guaranteed by State.
    (2) A lawyer who wishes to be included in the list of lawyers providing legal assistance on request to submit documents on the National Council.
    (3) territorial office contracts with lawyers registered in the list of lawyers providing legal aid application under Article 29 para. (4). Can be concluded such contracts with individual lawyers working in offices or associated offices.

    Article 31.1. Lawyer appointed by the territorial office
    (1) If a court does not operate in the district attorneys listing in legal aid lawyers on request or can not meet the registered application, the territorial office of the office means a lawyer from among those who are not enrolled in the list of lawyers who legal assistance on request, whose office is located in the territorial jurisdiction of the respective territorial office.
    (2) A lawyer appointed under par. (1) is required to provide qualified legal assistance in the amount requested, but not exceed 120 hours per year, taking advantage of pay under the same conditions as legal aid lawyers on request.
    [Art.311 XVI introduced the LP306-25.12.08, MO30-33/13.02.09 Article 77]

    Article 32. Remuneration for assistance qualified legal
    (1) For qualified legal assistance, the lawyer is paid under the contract referred to in Article 29 para. (4).
    (2) public lawyer receives fixed remuneration.
    (3) A lawyer who provides legal assistance on request receives remuneration for each particular case, according to rates approved by the National Council.

    Article 33. List of lawyers
    (1) National Council shall develop and maintain list of public defenders and legal aid lawyers list the application range of activity of regional offices. Periodically, by June 30 and December 31, lists are updated and made public.
    (2) develop and maintain territorial office service monthly list of lawyers and their work schedule, which is made known to the courts, prosecuting authorities and other authorities concerned.

    Article 34. Register of services provided and taxes outstanding
    (1) qualified legal aid lawyer is required to keep written evidence of all actions taken under or in connection with the case assigned to him.
    (2) The lawyer is obliged to keep records of services provided in which fall the identification of the person seeking legal assistance, procedural actions performed, indicating the date, place, parties and other relevant information, the number of hours in which performed actions and other important particulars. Lawyer is required to enter in the register all actions within 3 working days of their performance.
    (3) shape and duration of storage information register are set by the National Council.
    (4) Annually, or at the request of the territorial office, the lawyer presents report on activity, as determined by the National Council.

    Article 35. Qualified legal assistance by associations
    (1) associations are entitled to qualified legal assistance, except for representation in criminal proceedings and offenses.
   (2) Through regional offices, the National Council may contract with public associations to qualified legal assistance under this law.

    Article 36. Providing quality legal assistance to qualified
    (1) National Board ensures the quality of legal qualified by monitoring and verification by requesting information from local offices on the volume and type of legal advice by examining complaints received from beneficiaries of qualified legal assistance and other institutions concerned, by controlling quality services.
    (2) Quality control of legal aid is made in the manner and terms established by the National Council.
    (3) National Council monitors, with the participation of the Bar Association, the qualified legal assistance by lawyers. Data from monitoring and control shall be submitted Bar and serve as grounds for disciplinary action under the Law on Advocacy.
    (4) low-quality legal assistance can be a basis for termination of contracts referred to in Article 29 para. (4) and Article 35 paragraph. (2).

Chapter V - FINAL AND TRANSITIONAL

     Article 37
     (1) This Law shall enter into force on the measure creating the necessary conditions, but no later than July 1, 2008, except Article 19. (1) e), which enter into force on January 1, 2012.
     (2) Within 6 months after publication of this law, entities provided under Article 11. (2) National Council shall appoint members and within 10 days of the appointment of all members, Ministry of Justice shall convene the first meeting of the council.
     (3) Within 6 months after publication of this law, the Justice Ministry will develop and approve National Council Regulation State Legal Assistance.
     (4) The National Council will develop and adopt regulations for implementation of this law until the initiation of legal assistance guaranteed by the state.
     (5) Within 6 months after publication, the Government:
     a) Submit proposals to bring existing legislation into conformity with this law;
     b) bring its legislation in accordance with this law.








Previous PostOlder Posts Home