Name of law Law amending and supplementing the law on legal aid Name of Bill a Bill to amend the legal aid Act of acceptance Date 07/03/2013 number/year Official Gazette 28/2013 Decree No 62
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending and supplementing the law on legal aid, adopted by the National Assembly of the HLI 7 March 2013.
Issued in Sofia on 14 March 2013.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
amending and supplementing the law on legal aid (official SG. 79 since 2005; amend., 105/2005, no. 17 and 30 of 2006, no. 42/2009, issue 32, 97 and 99 by 2010, issue 9, 82 and 99 from 2011, issue 82 by 2012 and 15/2013)
§ 1. In art. 8 make the following amendments and additions:
1. In point 1 in the end a comma and add "as issued mandatory instructions on the implementation of the law and regulations."
2. point 10 shall be replaced by the following:
"10. adopts decisions for registration, for the refusal of registration or for cancellation of a lawyer from the legal aid register;".
3. a new item 11:
"11. Decides to refuse to pay for legal aid or recovery of remunerated when recorded in bad faith or incompetence of provided legal assistance in the present case;".
4. The former item 11 and 12 shall become item 12 and 13.
§ 2. In art. 12, second sentence, the words "the same time" are replaced by "a period of three years".
§ 3. In art. 17 create item 9 and 10:
"9. the issued decisions to determine the amount of attorneys ' fees by the order of the Ordinance under art. 37, para. 1;
10. give a judgment for the recovery of wages paid in the cases under art. 37, para. 3 or when incorrect or duplicate payment. "
§ 4. In art. 18 the following amendments and supplements shall be made:
1. In paragraph 2, add "and the reserve defenders."
2. a new item 4:
4. monitor compliance with the form and content of the Act under art. 25, para. 3; ".
3. The former item 4 and 5 shall become item 5 and 6 are amended:
"5. carry out the monitoring of the quality of legal aid provided by the lawyers of the College, by carrying out checks and findings form where appropriate, disciplinary proceedings, which shall notify the NBPP;
6. authenticated accounts of lawyers providing legal assistance and prepare proposals or motivated refusal of payment of remuneration in accordance with the Ordinance under art. 37, para. 1; ".
4. Create is point 7, 8 and 9:
7. provide training on the job advocates;
8. provide technical costs of legal aid;
9. assist the persons under art. 22 for the receipt of legal aid. "
§ 5. In art. the following 20 amendments:
1. In paragraph 8. 1, after the words "mod" a comma and add "with the Ministry of finance".
2. in the Al. 2, after the words "mod" a comma and add "by the Ministry of finance".
3. in the Al. 3 the words "the authority under art. 25, para. 1 "shall be replaced by" the relevant authority under art. 25, para. 1. "
§ 6. In chapter two creating art. 20A:
"Art. 20. National legal aid Bureau and the authorities under art. 20 issue joint guidance on the application of the law. "
§ 7. Article 22 shall be amended as follows:
"Art. 22. (1) the legal aid under art. 21, paragraphs 1 and 2 is free and is provided to:
1. individuals and families who qualify for monthly allowance by the procedure of art. 9 and 10 of the rules of procedure for the application of the law on social assistance (official SG. 133 of 1998; amend., SG. 38, 42 and 112 of 1999, no. 30, 48 and 98 by 2000;, Corr 100/2000; amend., SG. 19 and 97 since 2001, no. 26, 46, 81 and 118 of 2002, no. 40 since 2003. , PC. 115 of 2004, PCs. 31 and 103 from 2005, PCs. 54 and 93 since 2006, St. 101 of 2007, PC. 26 of 2009, PCs. 27, 41, 43, 45 and 50 of 2010, PC. 63 by 2011, and St. 17 from 2013);
2. individuals and families eligible for promotion with targeted assistance for heating for the previous or current heating season;
3. the persons accommodated in specialized institutions for the provision of social services or enjoying social service – resident type, or using social service unit "mother and baby" pursuant to art. 36 of the rules of procedure for the application of the law on social assistance;
4. children placed in foster homes or in families of relatives or loved ones in accordance with the law for the protection of the child;
5. the child at risk, within the meaning of the law on the protection of the child;
6. the persons under art. 144 of the family code and to persons younger than 21 years, in accordance with Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ, L 7/1 of 10 January 2009);
7. victims of domestic or sexual violence or trafficking in people who do not have the means and desire to enjoy legal protection;
8. applicants for international protection in accordance with the law on asylum and refugees, for which legal aid is not due to any other legal basis;
9. aliens, to which is appended a coercive administrative measure, and foreigners, housed in a special home for temporary accommodation of foreigners in accordance with the law on foreigners in the Republic of Bulgaria, which do not have the means and desire to use the defense attorney.
(2) the facts and circumstances under para. 1 authenticate with court decisions or documents issued by the relevant competent authorities and with the Declaration of family and property status of the person. "
§ 8. In art. 23 al. 3 and 4 are hereby amended:
"(3) in civil and administrative cases legal aid shall be granted in cases where, on the basis of the evidence presented by the competent authorities concerned, the Court considers that the country has no funds to pay for the lawyer's remuneration. The Court forms its assessment, taking into account:
1. the income of the person or his family;
2. assets, as attested by a declaration;
3. marital status;
4. health status;
7. other circumstances.
(4) judgment in criminal cases, the defendant or the defendant has no funds to pay for the lawyer's remuneration shall be carried out by the authority, which oversees the proceeding, on the basis of officially established wealth of the person under the particular circumstances of the case and of the Al. 3, items 1, 3, 4, 5, 6 and 7. To the private prosecutor, the civil plaintiff, the civil defendant and complainant's private assessment is carried out in accordance with para. 3. "
§ 9. In art. 25 al. 1 and 2 are amended:
' (1) in the cases under art. 21, item 3 and 4 the decision granting legal aid shall be taken by the authority, which oversees the procedural acts, or by the relevant police or customs authority at the request of the person concerned, or by operation of law, as the person explains in writing with a declaration in a form approved by the NBPP, that in the event of a conviction or sentence decision face due reimbursement of costs of legal aid. The refusal to grant legal aid is motivated and open to appeal through the proper channels.
(2) in the cases under art. 21, paragraphs 1 and 2, the decision to grant legal aid shall be taken by the President of the NBPP within 14 days after the submission of an order, judgment or certificate referred to in art. 22, para. 2 by the relevant competent authority. The refusal is appealed under the administrative code.
§ 10. In art. 26, al. 2, after the words "Special Representative for all" is added "and" phases.
§ 11. In art. 27 para. 3 shall be amended as follows:
"(3) in the event that the person notifies in good time for a change in the circumstances under para. 1, on the basis of a decision under art. 17, item 9, it restores the NBPP incurred from the time of the change. "
§ 12. In chapter four creating art. 27A and 27B:
"Art. 27. In certain cases the beneficiaries of legal aid expenses reimbursed to the NBPP.
Art. 27 b. expenses for legal aid under art. 27, al. 3 and under art. 27 a private civil claims and collected by the national revenue agency based on the writ of execution issued by a court. "
§ 13. The title of chapter v shall be replaced by the following: "Rescue advocates. Reserve ".
§ 14. In art. 28 para. 1 shall be amended as follows:
' (1) in urgent cases, the coercive measures and questioning before a judge in pre-trial proceedings, and on the quick and immediate proceedings in criminal procedure and in proceedings under the law on health and the Law for the protection of the child by the Secretary of the Board shall determine the duty lawyer if the person wasn't authorised. "
§ 15. Article 29 shall be amended as follows:
"Art. 29. (1) The duty lawyer and reserve Defender is determined from the national registry lawyer for legal aid who has given consent to be included in the list of on-duty lawyers, respectively, in the list of backup defenders.
(2) the consent referred to in para. 1 may not be for a period shorter than one month, and expressed the readiness of the lawyer to be the lawyer on duty 24 hours a day, including holidays and weekends, and for a reserve Defender – regardless of the length of the process.
(3) Advokatskiât Board supports a monthly list of on-duty lawyers and draw up the weekly schedule, which provides the relevant authorities.
(4) Advokatskiât Council shall establish and maintain a list of reserve defenders. "
§ 16. Article 30 shall be replaced by the following:
"Art. 30. (1) the request for the establishment of a duty solicitor in the cases under art. 28, para. 1 shall be made by the authority supervising the procedural action, and in the cases under art. 28, para. 2-from the police/customs officer to the Board, in writing or by telephone, no later than three hours before the scheduled time for the production.
(2) the authority under art. 25, para. 1 immediately after the arrest or conviction of attraction explains the detainee rights of defence, as he served against signature form, containing the right of authorised or a lawyer.
(3) the authority under art. 25, para. 1 inform the Council about the need for the appointment of duty counsel. Selected lawyer immediately proceeded to the performance of his duties in the provision of legal aid.
(4) the duty lawyer continues to carry out legal assistance in all stages of the process. "
§ 17. In art. 33 the following modifications are made:
1. Paragraphs 5, 6 and 7 shall be read with the following adaptations:
(5) National legal aid Bureau reasoned refuses to fit in with the register or delete registered lawyer, if:
1. imposed a disciplinary penalty;
2. the charge of deliberately an indictable offence;
3. established by the Board or by the NBPP violation under this Act or in bad faith or incompetent carried out legal aid;
4. quit for 6 months to take on work protection or representation without valid reasons.
(6) National legal aid Bureau deleted from the register registered Attorney:
1. in the cases referred to in para. 5, item 1 – for the duration of the deprivation of the right to pursue the career of Attorney and, in lighter punishment – for a period of three months;
2. in the cases referred to in para. 5, item 2 – until the end of production;
3. in the cases referred to in para. 5, item 3 and 4 – for a period of one year, and in the repeated – for a period of three years.
(7) the refusal for registration and the deletion of a lawyer from the national registry of legal aid shall be notified to the party concerned and shall be subject to challenge pursuant to the administrative code and are announced on the website of the NBPP. "
2. Paragraph 8 shall be repealed.
§ 18. Article 34 shall be amended as follows:
"Art. 34. (1) the entry in the national register for legal aid is made two times within the calendar year – until the end of March and the end of September.
(2) in exceptional cases, changes in the national registry of legal aid and may be made during the year in accordance with the procedure laid down for registration.
(3) the Deletion from the national registry of legal aid except in the cases under art. 33, para. 5 shall be carried out:
1. at the request of the lawyer;
2. when leaving the Bar Association;
3. upon death. "
§ 19. Article 36 shall be amended as follows:
"Art. 36. (1) the Legal advice drawn up and maintained in paper form and in electronic form, a list of lawyers who undertake legal aid. Of any change in the list, the legal advice shall notify the NBPP.
(2) the list shall be drawn up in a form approved by the NBPP, and published in a conspicuous place in the building of the Bar Council and on the website of the NBPP. "
§ 20. In art. 37 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) For fraudulent or incompetent carried out legal aid for failure to submit a report within the time limit under art. 38, para. 4, regardless of other sanctions, the lawyer does not receive remuneration, in this particular case. "
2. a para. 3:
"(3) When the lawyer received the reward, when established in bad faith or incompetent carried out legal aid, he returns paid on the basis of the decision of the President of the NBPP."
§ 21. In art. 38 following amendments and supplements shall be made:
1. In paragraph 8. 2 the words "art. 37 ' shall be replaced by "art. 37, para. 1. "
2. Create a new para. 3 and para. 4:
"(3) the report shall be submitted to:
1. pre-trial proceedings in criminal matters – after the completion of pre-trial proceedings by an act of the public prosecutor;
2. court proceedings – to the completion of the proceedings before the Court.
(4) the lawyer is obliged to take into account the information provided by him legal aid within one year of the termination of its participation in the proceedings. "
3. The current paragraph. 3 it al. 5, and shall be amended as follows:
"(5) The designated lawyer shall be restored and the necessary disbursements to visit prisons or detention, and of defense in a different place in the order of the Ordinance for the missions in the country (official SG. 11 of 1987; amend., SG. 21 of 1991, PCs. 2 since 1994, PCs. 62 of 1995, PCs. 34 in 1997, PCs. 40. Since 1999, St. 2 by 2008 and PC. 2 of the 2011). "
§ 22. In art. 39 Finally, add "and the decision of the President of the NBPP.
§ 23. In art. 42, para. 2 the words "art. 23, para. 4 "shall be replaced by" art. 23, para. 3. "
§ 24. Article 43 shall be amended as follows:
"Art. 43. the authority of the Republic of Bulgaria, who accepts and sends requests for provision of legal aid in cross-border disputes to the competent authorities of the Member States of the European Union, is the Ministry of Justice. "
The law was adopted by 41-Otto National Assembly on 7 March 2013 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: