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The State Council Regulation On Legal Aid

Original Language Title: Valtioneuvoston asetus oikeusavusta

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State Council Regulation on Legal Aid

See the copyright notice Conditions of use .

In accordance with the decision of the Council of State, submitted by the Ministry of Justice,

Lays down Legal Aid Code of 5 April 2002 (257/2002) (2), Article 10 (1), Article 12 and Article 29:

ARTICLE 1

Legal aid shall be granted on the basis of the applicant's use and the assets as provided for in this Regulation. The recipient of legal aid shall be responsible for legal aid, as provided for in Articles 5 to 7.

The starting point for granting legal aid is the applicant's declaration and his statement of income, maintenance obligations, expenses, assets and an explanation of the case in which legal aid is sought. The conditions for legal aid must be clarified as reliably as possible, taking into account the legal aid law (257/2002) Paragraph 2 provides. (312.2009/1008)

ARTICLE 2

The resource is calculated by deducting the monthly income from the withholding tax or the income tax and the statutory contributions of the employee. The income shall also be deducted from reasonable accommodation expenses, daycare fees, maintenance payments, outputs and payments under the debt scheme. (312.2009/1008)

In the case of dependants in the applicant's economy, eur 300 per child is deducted from income. Child support, child support, survivor's pension, child benefit and home care allowance shall be taken into account in the calculation of the service of the guardian. If the dependant is otherwise engaged in regular, subsistence income, he shall not contribute to the deduction. This reduction may also be made for a child aged 18 and over which the applicant actually supports. (27.09.2007/867)

Paragraph 3 has been repealed by A 3.12.2009/10 .

ARTICLE 3

In the case of applicants under 18 years of age, legal aid is not taken into account.

§ 4 (312.2009/1008)

If the legal aid is determined by Article 3 (1) of the Law on Legal Aid only on the basis of the applicant's financial position, it shall be calculated on the basis of the criteria laid down for the person concerned. In such a case, the expenditure under Article 2 shall be eligible for the calculation of the expenditure actually paid by the applicant. Account shall be taken of children who are considered to be dependent on the applicant's maintenance.

The additional liability shall be determined by paragraph 1 if, for a particular reason, consideration of the assets of the applicant would be disproportionate.

§ 5 (312.2009/1008)

The basic responsibility is the percentage of the beneficiary's fee and value added tax payable by the recipient of the legal aid. It shall be determined by the applicant's use as follows:

Use of a single person Basic self-responsibility
Up to EUR 600 0 %
Up to EUR 800 20 %
Up to EUR 900 30 %
Up to eur 1 050 40 %
Up to eur 1 150 55 %
Up to eur 1 300 75 %
Use of the spouses from the person Basic self-responsibility
Up to EUR 550 0 %
Up to eur 700 20 %
Up to EUR 800 30 %
Up to eur 1 000 40 %
Up to eur 1 100 55 %
Up to eur 1 200 75 %
ARTICLE 6 (312.2009/1008)

Legal aid shall not be granted if the use of a single person exceeds eur 1 300, or the margin of use of the spouses exceeds eur 1 200.

§ 7 (312.2009/1008)

Additional liability shall be borne by the recipient of the legal aid if he and his spouse have assets other than those referred to in paragraph 2, which amount to more than eur 5 000. The additional self-responsibility is half of the assets above eur 5 000. The asset is calculated by deducting its fair value from its liabilities. An additional liability shall cover the part of the remuneration of the assistant and the reimbursement of expenses remaining after deduction of the basic deductions under Article 5.

There is no additional ownership of assets:

(1) family permanent accommodation, normal leisure accommodation and a car if their value is reasonable in relation to the size of the family and the need;

(2) a share of the estate of the estate in so far as its assets consist of assets other than deposits and comparable assets;

(3) property related to economic activity or to agricultural activity, in so far as its sale would cause significant harm to economic activity or to the exercise of agriculture.

The debt of the assets referred to in paragraph 2 above shall not be taken into account in the calculation of the additional own contribution.

§ 8

At the request of the Legal Aid Office, the applicant shall disclose the revenue and expenditure required to be deducted, as well as an explanation of the assets and liabilities. However, the Court of Justice checks revenue primarily from fixed taxation where monthly income after tax and employee statutory contributions is not more than eur 600 per month and with spouses Up to EUR 550 per person. (312.2009/1008)

The applicant shall explain his insurance, possibly accompanied by a legal security insurance covering the legal case subject to a legal aid application, and, where appropriate, present a decision of the insurance company.

§ 9 (312.2009/1008)

When prescribing a private assistant, the applicant shall give reasons for the need for an assistant and provide an adequate explanation of the case in which legal aid is sought. In the court case, the report shall be presented as follows:

(1) in the event of a dispute, the applicant and the defendant shall present a challenge application or a draft, the answer to the challenge application, or any other sufficient explanation of its draft or reason;

(2) in the case of a criminal case, the defendant and the plaintiff must present the main requirements of the prosecutor, the essential requirements of the lawyer, the essential content of the medical opinion or any other sufficient explanation;

(3) in the application dossier, the applicant and the party concerned shall submit an application, an answer or any other sufficient explanation.

ARTICLE 10

The revenue shall take into account, inter alia, the following types of income:

1) earned income;

2) interest, dividend, rental and other capital income;

(3) income from business activities and professional activities;

4) alimony and maintenance payments;

(5) unemployment benefit and unemployment fund;

(6) the daily allowance and annuity of the accident insurance;

(7) day and maternity allowance in accordance with the Health Insurance Act;

(8) the national pension and the earned pension;

(9) study aid;

10) child benefit and home care allowance.

The social benefit, which is normally independent of income, is not taken into account. (312.2009/1008)

ARTICLE 11

If the employee's income varies, the basis for calculating the use of the asset is the last six months' income. The entrepreneur's monthly working balances shall be calculated on the basis of the annual income and capital income set out in the final tax. Where essential changes have occurred after the last tax, the calculation of the operating assets may be based on the revenue generated by the advance.

ARTICLE 12

Housing expenditure shall be eligible for a reasonable rent, remuneration and care expenditure of the household. In the absence of a report, a maximum of EUR 250 shall be accepted in the form of monthly care expenditure. Monthly interest rates on the mortgage are accepted as the residence of the owner. Housing expenditure may be waived in so far as the apartment is oversized in relation to the size of the family. Housing allowance and housing allowance are deducted from housing expenditure. (27.09.2007/867)

In the case of residence, the calculation of the use may also take account of the care fees for the applicant or his/her spouse.

ARTICLE 13

The maintenance allowance shall be granted on a monthly basis in accordance with the decision of the applicant and his or her spouse. Such approval may also be carried out in accordance with a reliable investigation, without a judgment or an agreement on maintenance payments.

ARTICLE 14

The execution shall be carried out on a monthly basis, on a regular basis, on a regular basis.

Private person's debt arrangement law (187/1993) , provided that the debtor has complied with the payment programme. Under the same conditions, performance is accepted, based on a written settlement of all debts owed by a debtor within the meaning of the Act on the liability of a private person.

Where legal aid is sought in accordance with the law on the debt regime of a private person, the amount of money actually used by the debtor for debt servicing shall be deducted in the use calculation.

ARTICLES 15 TO 16

Articles 15 to 16 have been repealed by A 3.12.2009/10 .

§ 17 (312.2009/1008)

Where legal aid is sought for potato writing, the additional deductions provided for in Article 7 shall be fully added to the funds of the deceased before the debts are covered. In the case of a non-reserved hive, a State Treasury or any other type of potato obligation may, for specific reasons, be granted free legal aid.

ARTICLE 18 (312.2009/1008)

Where legal aid has been granted in the case of a succession or dividend, after the end of the case, the inheritance received by the applicant shall be calculated or guaranteed by the applicant and shall determine the final additional amount of the recipient of the legal aid as provided for in Article 7. The same shall apply when the recipient of the legal aid receives the value of the benefits in other cases where the legal aid is granted.

§ 19 (25.11.2004)

In order to improve access to justice in cross-border disputes by establishing common minimum standards relating to legal aid in the case of such disputes, the sending authorities shall act: Legal aid offices. In the field of family law, the Ministry of Justice may also act as a sending authority. The receiving authority within the meaning of that Directive is the Helsinki Legal Aid Office.

The application for legal aid and its annexes may also be submitted to the receiving authority referred to in paragraph 1 in English.

§ 20 (27.09.2007/867)

The legal aid fee is eur 70. A legal aid fee shall not be charged if the applicant receives free legal aid.

ARTICLE 21

Legal aid may be limited to the prescribed measures and the number of hours determined, if justified, taking into account the nature and importance of the case, the value of the subjectmatter of the dispute and the circumstances in its entirety.

§ 22

The court shall communicate its decision to the Legal Aid Office on the basis of a request for a decision.

The Legal Aid Office shall communicate its decision on the modification or termination of legal aid to the Court of First Instance.

ARTICLE 23

A decision on the granting of legal aid in response to a request for an appeal or a reply during the period laid down shall be sent to the Court of Appeal.

§ 24

Where the Court of Appeal grants legal aid retroactively to the remuneration and expenses of a private assistant and other costs incurred by the beneficiary of the legal aid by a judgment of the Court of First Instance As compensation for legal aid to the recipient of legal aid, it must notify its decision to the judicial register. The Office of Justice shall recover the claim to the State.

ARTICLE 25

In the case where legal aid has been granted, the insurance benefit has been granted after the main proceedings have been settled, the Legal Aid Office shall recover from the insurance company the remuneration of the statutory or legal aid office provided for by the State resources; and Reimbursement of expenses.

§ 26

At the request of the suspect, the Legal Aid Office shall provide a report on the financial conditions for legal assistance under this Regulation, on the basis of which the court may order the compensation referred to in Article 11 (11) of the Law on the criminal procedure Compensation paid to the defender of the sentenced person from State resources.

At the request of the applicant, the Legal Aid Office shall provide an explanation of the financial conditions for the legal assistance provided for in this Regulation, on the basis of which the State office may settle the applicant's right to reimbursement of the costs of the application for criminal offences. (1204/2005) Under paragraph 1. (29.12.2005)

§ 27

An application for legal aid, a statement in accordance with Article 26, the decision to grant legal aid and, where possible, a request for a decision shall be drawn up in accordance with the formulae laid down by the Ministry of Justice for those documents.

ARTICLE 28

More detailed provisions on the application of this Regulation shall be adopted by the Ministry of Justice, where appropriate.

§ 29

This Regulation shall enter into force on 1 June 2002.

The Regulation applies to the granting of legal aid after that date.

Entry into force and application of amending acts:

25.11.2004/997:

This Regulation shall enter into force on 30 November 2004.

29.12.2005/1208:

This Regulation shall enter into force on 1 January 2006.

27.9.2007/867:

This Regulation shall enter into force on 1 January 2008.

The Regulation applies to the granting of legal aid after that date.

3.12.2009/10:

This Regulation shall enter into force on 1 January 2010.

Legal aid granted before the entry into force of this Regulation shall apply to the provisions in force at the time of entry into force of this Regulation.