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ACT No. 2002-1138 of 9 September 2002 on orientation and programming for justice (1)

ACT No. 2002-1138 of September 9, 2002, of orientation and programming for justice (1)

Summary

This Order forms part of the orientations of the fourth axis of Law 2002-1138 of September 9, 2002 Orientation and programming for justice (LOPJ), which focuses on improving citizens' access to justice and the law. This Order, made pursuant to s. 19, 34, 64 and 65 of the above-mentioned Act, as well as the provisions relating to legal aid contained in the draft finance bill for 2003, amends Decree 91-1266 of the aforementioned 19 implementing Law 91-647 of 10 July 1991 Relating to legal aid. Its purpose is to improve the conditions for access to justice for victims (art. 64 of the Orientation Act), in particular those of the most serious offences (art. 65) and the conditions for admission to legal aid for families with modest resources (financial law for 2003). In addition, this decree provides for the remuneration of the lawyer who assists the minor before the public prosecutor during the close time trial procedure (art. 19 of the Orientation Act) and the elimination of the remuneration provided for in the adversarial debate relating to the prosecution of a judicial police investigation, this procedure being deleted by art. 34 of the same Act. Finally, it lays down the arrangements for reducing the processing of applications for legal aid, made on the basis of the code for military invalidity pensions and victims of war (Decree 2001-728 of 31 July 2001 amending the decree 59-327 of 20 February 1959 concerning the pension courts). The Act 2002-1138 provides for new measures in favour of victims who must be able to be informed at the beginning of the proceedings, of their right to have access to a lawyer without delay. Art. 64 inserted in the Code of Criminal Procedure, an art. 40-1 which, in its first paragraph, provides that where the victim wishes to become a civil party and requests the appointment of a lawyer after being informed of that right in application of the 3 ° of art. 53-1 and 75 of the same code, the prosecutor of the Republic, notified by the judicial police officer or police officer, if he decides to put the public action in motion, immediately informed the abuser of the order of the lawyers. The victim now has the right, like the person pursued, to obtain the appointment of a lawyer by the gunner, which will enable him to better defend his rights before the law-enforcement courts. This measure involves an organisation of the bars allowing, at all times, the reception of the victims and the immediate appointment of a lawyer, in particular for the procedures for the convening by the judicial police officer, of appearance by minutes Or immediate appearance. Bars must be compensated for this new mission. The terms of this compensation are to introduce the assistance of the civil parties in the field of application of the quality protocols concluded between the bars and the courts and provided for in Art. 91 of Decree 91-1266 (art. 9 of this Decree).The second paragraph of the new article 40-1 contemplates the hypothesis in which the public prosecutor does not even take public action in motion. In this case, the magistrate of the prosecutor's office must indicate to the victim, by notifying him of the classification of his complaint, that it can directly address his request for the appointment of a lawyer to the abuser if it maintains its intention to obtain the remedy Its prejudice. This designation does not, by law, entail the taking charge of legal aid for legal aid. The victim must comply with the conditions of common law in order to be admitted to legal aid and, in particular, to that of resources. In the event that the victim is entitled to legal aid, it is important that the appointment of the lawyer, carried out by the gunner at the request of the victim, be valid for legal aid, as in the case of designation Or an ex officio commission (art. 7 of this Decree). Art. 65 of the Act of 2002 inserted into law 91-647 an art. 9-2 providing that the condition of resources is not required of victims of crimes of wilful harm to the life or integrity of the person provided for and repressed by art. 221-1 to 221-5, 222-1 to 222-6, 222-8, 222-10, 222-14 (1 ° and 2 °), 222-23 to 222-26, 421-1 (1 °) and 421-3 (1 ° to 4 °) of the Penal Code, as well as their successors in title, to avail themselves of legal aid for civil action in repair of the Damage resulting from harm to the person. This includes victims of crimes of wilful homicide, torture and barbarism, violence, simple or aggravated rape and acts of terrorism. This provision entails changes in the coordination of s. 34 and 37 of the decree of 1991 in order to specify the procedure for the investigation of the admission to legal aid for those victims (art. 4, 5 and 6 of this Decree). Art. 19 of the 2002 Act amends Order 45-174 of 2 February 1945 by creating an art. 14-2 which establishes for minors a procedure for judgment at close time. This procedure applies to minors who are liable to imprisonment for a term of more than or equal to three years in the case of an explosion, or greater than or equal to five years in other cases (art. 14-2), gives jurisdiction to the public prosecutor for the purpose of notifying the minor who is referred to him, the facts of which he is accused, in the presence of a lawyer of his choice, or of a lawyer appointed by the gunner at the request of the prosecutor of the Republic if the minor or his legal representatives have not made the choice of a lawyer. It is a new task of providing assistance to the minor, which should be provided in the framework of the legal aid scheme so that lawyers are paid in this respect (Art. 8 of this Decree). The draft finance bill for 2003 provides for a measure to improve the conditions for admission to legal aid for couples and families with one or two children, who are currently penalised by the system of Family patches. Today, legal aid is allocated under the condition of resources, with the ceiling enhanced by a family expense correction of a uniform amount per dependant. Families with three children have family benefits, the amount of which is excluded from the calculation of the resources taken into account for admission to legal aid. This is not the case for families without children or those with one or two children, and for which the absence or weakness of the amount of family benefits is not compensated, in the light of the ceiling for the allocation of assistance By the amount of the family patch currently in force. On equal incomes, the result is an inequality of treatment between these situations, to which the financial law for 2003 is intended to remedy. Art. 2 and 3 provide for an increase in the family patch for the first and second dependants. Lastly, this decree provides an opportunity to specify the conditions of the instruction by the legal aid office, of another category of application without condition of resources, nationality and residence, that formulated on the basis of the code of the Military invalidity pensions and war victims before the departmental pension court. This provision is provided for in Art. 8 of Order-in-Council 59-327 which regulates by reference to the 1991 decree on legal aid. It is for the sake of convenience for legal aid practitioners that this clarification is included in the latter decree (Article 5 of this Decree). With the introduction of this provision in the 1991 Order, the repeal of s. 158 of the same decree (art. 10). Art. 2 of this Order amends s. 3 of the 1991 decree. The aim is to change the amount of family adjustments to be taken into account in the calculation of resources for admission to legal aid. Art. 3 of the 1991 Decree provides that the ceilings of the resources for the grant of total or partial legal aid shall be increased by an amount equivalent to 11.37 % of the ceiling of the total aid: - for the spouse or the concubin or the Partner of a civil pact of solidarity; - by top-down; - by updraft. The amount of the family charge, amounting to EUR 93 for the year 2003, is calculated by reference to the monthly resource ceiling of EUR 816 for total legal aid (EUR 816 x 11.37 %). Thus, under constant law, a couple with a child cannot be admitted to full legal aid if their monthly resources are greater than 1002euros. Art. 2 of this Decree shall bear the amount of the correction to 18 % of the total aid ceiling (i.e. EUR 147, 2003 value) for each of the first two persons living at the applicant's home. Thus, the new resource limit for a couple with children changes to 1110 euros. The fixes remain unchanged for the 3rd person and the following. The modification of this art. Is accompanied by a simplification of drafting by deleting the list of dependants that is the subject of art. 4 of the 1991 decree. Art. 3 of this Order is an art. Of coordination which amends Article 4 of the 1991 Decree by introducing the modulation instituted in Art. Previous. Art. 4 amends s. 34 by adding a provision on documents to be attached to the application for legal aid by victims of serious infringements which constitute civil parties. Two cases are to be considered depending on whether the information is opened by the public prosecutor or on the basis of a civil party. In the first case, it will be sufficient for the victim whose civil party constitution is incidental, to produce in support of his application for legal aid, the copy of the notice to the victim provided for by art. 80-3 of the Code of Criminal Procedure. In the second case, the order made by the investigating judge pursuant to s. 88 of the Code of Criminal Procedure, finding the filing of a complaint and providing consignment with regard to the application of s. 9-2 of the 1991 Act, will be provided to the legal aid office. Art. 5 creates, after art. 34 of the 1991 Order, an art. 34-1 which provides for the two exceptions to the provisions of the previous article: the waiver of justifications for the conditions of resources, nationality and regular residence for military pensions and war victims (1 Paragraph) and to exercise civil action in compensation for damage resulting from serious harm to the person (second paragraph). Art. 6 is an art. Of coordination that modifies the art. 37 of the 1991 decree specifying the nature of the documents to be provided by the lawyer when he is appointed by the master to assist a victim of the crimes against the person. Art. 7 amends s. 81 of the 1991 Order to extend to lawyers appointed by the gunner at the request of the victim under s. 40-1 of the Code of Criminal Procedure, the methods of validation in respect of legal aid for the intervention of court officers. Art. 8 modifies the schedule of the ar. 90 of the decree of 1991 in order to provide for the remuneration of the lawyer when he intervenes to assist a minor before the prosecutor of the Republic during the close time trial procedure. The coefficients are aligned with those paid for the minor's assistance in his first appearance before the examining magistrate or children's judge (2 units of value). Finally, heading XII: adversarial debate on the prosecution of a judicial police investigation has become moot, the procedure provided for in the last 3 paragraphs of Art. 77-2 of the Code of Criminal Procedure being deleted by art. 34-I of the Orientation Act. Art. 9 extends to the assistance of the civil parties the scope of the protocols provided for in Art. 91 of the decree of 19 December 1991. This latter art. Provides that the State's contribution to legal aid may be increased by up to 20 % of the allocation, for those bars who have entered into a commitment of objectives with the heads of the courts in which the Bar is Established. This quality commitment, together with evaluation procedures, is currently focused on the assistance of lawyers in the field of criminal defence (major and minor), the conditions of entry and residence of foreigners in France, educational assistance, Police custody, criminal mediation and criminal composition. Are now added to the sections already covered by s. 91 and provided for in Art. 132-6, the following entries: VI-1: assistance of a civil party or a civilly liable before a court of first degree, VI-5: assistance of a civil party for a correctional instruction and VI-6: assistance A civil party for a criminal investigation. Art. 10, drawing the consequences of the ade art. 5 of this Order, repeals s. 158 of the 1991 Order.

Keywords

JUSTICE, COURT, TRIBUNAL, HELP LEGAL AID, LEGAL AID, LEGAL AID, LAWYER, PUBLIC OFFICER, OFFICER MINISTERIEL, JUDICIAL ORGANIZATION, COMPENSATION, REQUIREMENT, RESOURCE CEILING, AMOUNT, ALLOCATION, BENEFICIARY

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JORF No. 79 of 3 April 2003 page 5865
text n ° 5




Decree n ° 2003-300 of 2 April 2003 amending Decree No. 91-1266 of 19 December 1991 implementing Act No. 91-647 of 10 July 1991 on aid Legal

NOR: JUSJ0390012D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/4/2/JUSJ0390012D/jo/texte
Alias: Https://www.legifrance.gouv.fr/eli/decret/2003/4/2/2003-300/jo/texte

The Prime Minister,
On the Seal Care Report, Minister of Justice,
Given the Code of Criminal Procedure, in particular Article 40-1;
In view of the Code of Military Invalidity and War Victims, in particular Article L. 104-1;
In the light of Law No. 91-647 of 10 July 1991 on Legal aid, in particular Articles 9-2 and 70;
Given Act No. 2002-1138 of 9 September 2002 on orientation and programming for justice, in particular Articles 19, 64 and 65;
In view of Order No. 45-174 of 2 February 1945, as amended Child offender, in particular article 14-2;
In light of the amended Decree No. 59-327 of 20 February 1959 concerning the courts of pensions;
In the light of Decree No. 91-1266 of 19 December 1991, amending the application of Act No. 91-647 On 10 July 1991 on legal aid;
In view of the opinion of the National Council of Legal Aid of 29 November 2002;
The Conseil d' Etat (section of the interior) heard,
Decorated:

Item 1 More about this Article ...

The aforementioned Decree of 19 December 1991 is amended as referred to in Articles 2 to 10 of this Decree.

Article 2 Learn more about this Article ...

Article 3 reads as follows:
" Art. 3. -The ceilings for the resources provided for the grant of total or partial legal aid shall be increased by an amount equivalent to:
' (a) 0.18 times the amount of the resource limit taken into account for the benefit of total legal aid for each of the first two dependants;
" (b) 0.1137 times the same amount for the third dependant and each of the following. "

Item 3 Learn more about this Item ...

The fifth paragraph of Article 4 is replaced by the following:
" Where, for the assessment of the resources of the applicant for legal aid, account shall be taken, in the conditions laid down in the third paragraph of Article 5 of the aforementioned Law of 10 July 1991, of the resources of his spouse, of Its partner or partner in a civil solidarity pact, as well as other persons habitually living at home, the resource ceilings shall be increased by an amount equal to 0.18 times the amount of the resource ceiling taken in Account for the benefit of total legal aid for each of the first two persons habitually living in his or her home and to 0.1137 times the same amount for each other person. "

Item 4 Learn more about this Item ...

Section 34 is thus modified:
I.-After 6 ° is inserted a 7 ° so written:
" 7 ° Where legal aid is sought pursuant to Article 9 (2) of the Act of 10 July 1991, the copy of the notice to the victim issued by the investigating judge pursuant to Article 80 (3) of the Code of Criminal Procedure or of the Order Made pursuant to Article 88 of the same Code. "
II. -In the last paragraph of Article 34, after the words: The declaration of resources ", it is added:" Provided in 1 ° of this Article ".

Article 5 Learn more about this Article ...

After item 34, an article 34-1 is inserted:
" Article 34-1. -The documents provided for in the 1 °, 3 °, 4 °, 5 ° and 6 ° of Article 34:
are exempted from the application. (a) Claimants who form an application on the basis of the Code of Military Invalidity and War Victims;
" (b) Victims of wilfully crimes committed to the life or integrity of the persons referred to in article 9 (2) of the Act of 10 July 1991, as well as their successors in title, who form an application for civil action in respect of Damage resulting from harm to the person. "

Article 6 Learn more about this Article ...

Article 37 is supplemented by a paragraph so written:
" The lawyer appointed by the manufacturer to assist a victim of a crime referred to in Article 9 (2) of the Act of 10 July 1991 or one of his successors in title shall be exempt from providing the particulars and documents referred to in the preceding paragraph relating to His client's resources; he must produce the opinion to the victim or the order of the investigating judge referred to in article 34, paragraph 7. "

Article 7 Read more about this Article ...

Article 81 is supplemented by a paragraph reading:
" The same applies to the lawyer appointed at the request of the victim pursuant to Article 40 (1) of the Code of Criminal Procedure. "

Article 8 Learn more about this Item ...

The table to section 90 is modified as follows:
I.-The topic " VIII. -Correctional procedures " Is thus completed:
1 ° In column " Procedures ", after line VIII.8, are added two lines labelled respectively" II.9. Presentation of the minor before the public prosecutor " And " VIII.10. Presentation of the minor before the public prosecutor and the adversarial debate on pre-trial detention where they are provided by the same lawyer " ;
2 ° In column " Coefficients ", the coefficients in front of the lines" II.9. Presentation of the minor before the public prosecutor " And " VIII.10. Presentation of the minor before the public prosecutor and the adversarial debate on pre-trial detention where they are provided by the same lawyer " Are set to 2 and 3 respectively.
II. -The topic " XII. -Contradicting debate on the continuation of a judicial police investigation " Is deleted.

Item 9 Read more about this Article ...

The third paragraph of Article 91 is replaced by the following:
" These protocols may be extended, under the same conditions, to the legal aid missions referred to in headings I. 6, VI.1, VI.5, VI.6 and XIII of the scale provided for in Article 90. "

Article 10 Read more about this Item ...

Section 158 is repealed.

Item 11
The Minister of Justice, the Minister of Justice, the Minister of Economy, Finance and Industry, and the Minister responsible for the Budget and Budget Reform are responsible for The execution of this Decree, which will be published in the Official Journal of the French Republic.

Done at Paris, 2 April 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Seals Guard, Minister of Justice,

Dominique Perben

Finance and Industry Minister



Francis Wed

Budget Reform Minister

and Budget Reform,

Alain Lambert

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