23 NOVEMBER 1998. - Legal Aid Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. An article 446bis, as follows, is included in the Judicial Code:
"Art. 446bis. Lawyers provide first-line legal aid in the permanences referred to in Article 508/5.
They provide second-line legal aid referred to in 508/7.
The State shall, under the conditions set out in article 508/19, allocate compensation to lawyers because of the legal aid benefits. »
Art. 3. Sections 455 and 455bis of the same Code are repealed.
Art. 4. In the second part of the same Code, in a book IIIbis (new) entitled "From First and Second Line Legal Aid", the following provisions are inserted:
"Chapter I. - General provision
Art. 508/1. For the purposes of this book, one must hear by:
1st line legal aid: legal aid granted in the form of practical information, legal information, first legal advice or referral to a specialized body or organization;
2° second-line legal aid: legal aid granted to a natural person in the form of a circumstantial legal advice or legal assistance in the context of a procedure or assistance in the course of a trial including representation within the meaning of Article 728;
3rd Legal Aid Commission: the commission referred to in Article 508/2;
4th Legal Aid Office: the office referred to in 508/7;
5th Legal Aid Organization: any organization providing first-line legal aid in a judicial district.
CHAPTER II. - Legal Aid Commission
Art. 508/2. § 1^er. There is a legal aid commission in each judicial district. In the Brussels judicial district, there are two: the French legal aid commission and the Dutch legal aid commission.
The legal aid commission has the legal personality and determines its rules of procedure.
§ 2. The commission has its seat in the chief town of the borough or in any other place designated by it.
§ 3. On the one hand, the commission is made up of representatives of the bar designated by the Order of Lawyers of the Judiciary concerned, and on the other hand, representatives of public welfare centres and accredited legal aid organizations.
The King determines, by order deliberately in the Council of Ministers, the modalities for the accreditation of legal aid organizations and the composition and operation of the commission.
Art. 508/3. The Legal Aid Commission is responsible for:
1° to organize front-line legal aid services provided by lawyers and to ensure their decentralization if necessary;
2° to promote dialogue and coordination between legal aid organizations and to facilitate referral to specialized organizations, among other things, by promoting the conclusion of conventions;
3° to ensure that information about the existence and conditions of access to legal aid is disseminated, especially among the most vulnerable social groups.
This dissemination takes place where legal aid is provided as well as, in particular, in the offices, prosecutors, in judicial officers, in municipal administrations and public welfare centres of the judicial district;
4° to make the recommendations it considers useful on the basis of the reports referred to in sections 508/6 and 508/11 and to forward these recommendations and reports to the Minister of Justice.
Art. 508/4. The State allocates a subsidy to legal aid commissions on the basis of objective criteria established by Royal Decree deliberated in the Council of Ministers.
CHAPTER III. - First line legal aid
Art. 508/5. § 1^er. Without prejudice to front-line legal aid provided by other legal aid organizations, front-line legal aid is provided by lawyers.
Once a year, the College of Lawyers lists lawyers who wish to perform first-line legal aid benefits.
The list mentions the directions that lawyers declare and justify or for which they undertake to follow a training organized by the Council of the Order or the authorities referred to in Article 488.
The refusal to register on the list is subject to appeal under section 469bis.
The College sends the list of lawyers to the legal aid committee.
§ 2. A lump-sum contribution, established by the King after consulting the authorities referred to in section 488, will be sought from the applicant to cover the legal aid granted. This contribution is not due to persons with insufficient resources and to persons who are similar to it.
The King shall determine, by order deliberately in the Council of Ministers, the amount of these resources, the supporting documents to be submitted, and the persons assimilated thereto.
The lawyer checks whether the conditions of free first-line legal aid are met.
§ 3. When the referral to a legal aid organization or second-line legal aid is indicated, the applicant is immediately informed. The legal aid organization or office is informed without delay.
§ 4. The Bar Association monitors the quality of legal aid services performed by lawyers.
In case of failure, the College Council may, by reason of decision, remove a lawyer from the list referred to in § 1^erin accordance with the procedure provided for in articles 465 to 469.
Art. 508/6. Without prejudice to the rules relating to professional secrecy, lawyers providing for first-line legal aid are required to submit an annual report to the legal aid board on the benefits performed in that capacity in accordance with the terms and conditions established by the Minister of Justice in consultation with the authorities referred to in section 488.
They make a brief report to the office of the consultations they gave.
CHAPTER IV. - Legal aid
second line partially or completely free
Section 1. - Organization
Art. 508/7. Within each bar, the Council of the Bar Association establishes a legal aid office in accordance with the terms and conditions it determines.
The mission of the office is to organize custody services.
Once a year on a list, the Bar Association lists lawyers who wish to perform the second line legal aid services organized by the office as a principal or as an accessory.
The list mentions the directions that lawyers declare and justify or for which they undertake to follow a training organized by the Council of the Order or the authorities referred to in Article 488.
The refusal to register on the list is subject to appeal in accordance with section 469bis.
The office sends the list of lawyers to the legal aid committee.
Art. 508/8. The Bar Association monitors the quality of legal aid services performed by lawyers.
In the event of a breach, the College Council may, by reason of decision, remove a lawyer from the list referred to in 508/7 according to the procedure referred to in sections 465 to 469.
Art. 508/9. § 1^er. For obtaining second-line legal aid partially or entirely free of charge, persons granting first-line legal aid refer the applicant to the office.
The office shall designate a lawyer that the applicant has chosen from the list referred to in section 508/7. The office informs the lawyer of his designation.
A lawyer whose name is on the list and to whom a lawyer will have addressed directly without passing through the office asks the office to grant the second line legal aid to his client when he considers that the client can benefit from the full or partial gratuity. The lawyer forwards the documents referred to in section 508/13 to the office.
In the event of an emergency, the person who does not have a lawyer can address directly to the custody counsel. This lawyer provides legal aid and requests the office to confirm its designation.
§ 2. A lawyer who intervenes under this chapter may not, in any case, address directly to the beneficiary for payment of fees and fees, unless the office authorizes him to collect provisions in the event of an emergency.
Art. 508/10. Where the recipient does not speak the language of the proceedings, the Bureau shall, to the extent possible, propose to him a lawyer speaking his language or any other language that he understands and, if not, an interpreter, in accordance with the provisions of Article 184bis of the Code of Criminal Investigation, irrespective of the nature of the proceedings.
Art. 508/11. Lawyers are required to report regularly to the office on the terms and conditions established by the Minister of Justice in consultation with the authorities referred to in section 488.
The office annually transmits a report on the operation of second-line legal aid to the legal aid committee and the Minister of Justice in accordance with the terms and conditions established by the latter.
Art. 508/12. Except in the event of an emergency or explicit agreement of the office, lawyers are prohibited from providing second-line legal aid in cases for which they have intervened under the first-line legal aid referred to in 508/4.
Section II
From the benefit of the complete or partial free
Art. 508/13. Second-line legal aid may be partially or entirely free for people with insufficient resources or for people who are similar to it.
The King shall determine by order deliberately in the Council of Ministers the amount of these resources, the supporting documents to be produced and the persons assimilated to those with insufficient resources.
The office checks whether the free conditions are met.
The office keeps a copy of the parts.
Art. 508/14. The application for the full or partial gratuity shall be filed verbally or in writing by the applicant or his lawyer on the list referred to in 508/7.
Except in an emergency, all supporting documents referred to in 508/13 are attached to the application.
In the event of an emergency, the full or partial fee may be granted on an interim basis to the applicant by the office. In this case, the office sets out the time limit for the applicant to file the supporting documents referred to in 508/13.
To decide on the application of the complete or partial gratuity, the office is pronounced on pieces. The applicant or, where applicable, his or her lawyer is heard at his or her request or when the office considers it necessary.
Clearly unfounded requests are rejected.
Art. 508/15. Except in the event of an emergency, the applicant and, if applicable, his lawyer shall be informed of the decision of the office within fifteen days of the application.
Any decision to refuse is motivated.
Its notification must contain the relevant information to introduce the remedy provided for in Article 508/16.
Art. 508/16. The applicant may, within the month of the notification provided for in Article 508/15, appeal to the Labour Court against a decision of refusal.
Art. 508/17. If the applicant has obtained legal aid entirely or partially free of charge and wishes to file a request for judicial assistance, his lawyer shall promptly forward the documents produced for the granting of legal aid to the competent court.
Art. 508/18. The office may terminate second-line legal aid where the recipient no longer meets the conditions set out in section 508/13 or where the recipient clearly does not cooperate in the defence of his or her interests.
To this end, the lawyer files a reasoned request to the office.
The office shall bring the request to the recipient and invite him to make his observations.
Any decision to terminate the assistance granted is communicated by registered letter to the position to the recipient. This decision is subject to appeal.
Sections 508/15 and 508/16 are applicable.
CHAPTER V. - Lawyers' compensation
Art. 508/19. § 1^er. The second-line legal aid lawyers partially or completely free of charge report to the office on each case for which they have completed legal aid benefits.
The office assigns points to lawyers for these services and reports to the staff.
The sticker shall communicate the total points of its bar to the authorities referred to in section 488, which shall communicate the total points of all bars to the Minister of Justice.
§ 2. Upon receipt of the information referred to in § 1^er, the Minister of Justice may conduct a check in accordance with the terms and conditions determined after consultation with the authorities referred to in section 488. He orders the payment of compensation to those authorities who ensure the distribution of compensation through the Bar Associations.
CHAPTER VI. - From the recovery of State compensation
Lawyer's right to full payment of fees and fees
Art. 508/20. § 1^er. Without prejudice to criminal sanctions, the allowance for second-line legal aid may be paid by the Treasury to the benefit of this assistance:
1° if it is determined that a change of the beneficiary's heritage, income or expenses has occurred and that the beneficiary is therefore in a position to pay;
2° where the vigilante took advantage of the lawyer's intervention in such a way that if that profit had existed on the day of the application, that assistance would not have been granted to him;
3° if aid was granted following false statements or was obtained by other fraudulent means.
In this case, the office shall determine the fees and fees that the lawyer may still claim to the beneficiary.
§ 2. If the recipient is entitled to legal protection insurance, the designated counsel shall inform the office of the grantee and the Treasury shall be subject to the rights of the beneficiary, in addition to the amount of the legal aid he has provided.
If the recipient has obtained the said intervention, the Treasury will claim the amount of legal aid provided.
If the recipient's lawyer has obtained the said intervention, the Treasury will claim the amount of legal aid provided.
§ 3. The recovery referred to in § 1^er This section is prescribed by five years from the decision to grant legal aid partially or entirely free of charge, without the limitation period being less than one year from the lawyer's perception of compensation.
CHAPTER VII. - From the Lawyer Board
Art. 508/21. In any case where under the law a lawyer must be appointed by law, the lawyer shall be appointed by the staff member or by the office, except as provided by law.
Art. 508/22. Where the person who is to be assisted is not in the resource conditions referred to in section 508/13, the sticker designates the lawyer who has been chosen by that person. In cases that it considers urgent, the staff member shall designate a lawyer who participates in the custody services referred to in 508/7.
Section 459 applies with respect to the fees of that lawyer.
If the assisted person fails to pay or refuses to pay, the State shall award compensation to the counsel for the performance of the benefits for which the commission took place.
In the event of partial payment of the fee by the assisted person, the allowance is reduced from the amount paid.
When an allowance is awarded, Chapters V and VI are applicable.
Art. 508/23. Where the assisted person is in the resource conditions referred to in 508/13, the office shall designate a lawyer in the list referred to in 508/7.
In cases that it considers urgent, the staff member shall designate a lawyer who is registered on the list referred to in section 508/7 and inform the office of the lawyer.
For the surplus, the provisions of Chapters IV to VI are applicable. »
Art. 5. Section 580 of the same Code is supplemented as follows:
"18° appeals against the decisions of the legal aid office. »
Art. 6. Section 676 of the Judicial Code is replaced by the following:
"Art. 676. The King sets by order deliberately in the Council of Ministers the supporting documents to be produced for the purposes of this book.
For the purposes of this provision, agents of the administration of finances may be discarded from the professional secrecy imposed on them by the income tax laws. "
Art. 7. In article 704, the first paragraph of the same Code, the words "508/16" are inserted between the words "to articles" and the word "580".
Art. 8. In section 184bis of the Code of Criminal Investigation, inserted by the Act of 10 October 1967 and amended by the Act of 22 January 1975, the following amendments are made:
A) The words "in the first book of the fourth part" are replaced by the words "in articles 508 to 508/23".
B) The words "in the first book of the fourth part" are replaced by the words "legal aid office".
Art. 9. The King sets the conditions of identical resources for obtaining the benefit of partially or entirely free legal aid, referred to in Book IIIbis of the Judicial Code and judicial assistance referred to in Articles 664 to 699 of the same Code and determines the same supporting documents to be produced for both.
Art. 10. At the time of the coming into force of this Act, the cases assigned by the consultation and defence office remain until their completion of the duties of designated lawyers.
Art. 11. The King shall determine the effective date of each of the provisions of this Act.
All of this Act comes into force by December 31, 1999.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 23 November 1998.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1995-1996.
House of Representatives.
Parliamentary documents. - Bill No. 549/1.
Regular session 1997-1998.
House of Representatives.
Parliamentary documents. - Amendments, n^bones 549/2 to 549/6. - Opinion of the State Council, No. 549/7. - Amendments, No. 549/8 to 549/13. - Report of Mr. Vandenbossche, No. 549/14. - Text adopted by the Commission, No. 549/15. - Text adopted in plenary and transmitted to the Senate, No. 549/16.
Annales parliamentarians. - Discussion and adoption. Meeting of 30 April 1998.
Senate.
Parliamentary documents. - Bill transmitted by the House of Representatives, No. 1970/1. - Amendments n^bones 1-970/2 to 1-970/4. - Report of Mr. Bourgeois, No. 1-970/5. - Text adopted by the commission, no. 1-970/6. - Amendments filed after approval of the report, No. 1-970/7 to 1-970/9.
Annales parliamentarians. - Discussion and adoption. Meeting of 16 July 1998.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, No. 549/17. - Report of Mr. Vandenbossche, No. 549/18. - Amendments submitted after the report is submitted, No. 549/19.
Annales parliamentarians. - Discussion and adoption. Meeting of 12 November 1998.