Key Benefits:
Public officials concerned: legal, legal and administrative courts.
Subject: legal aid; help with the lawyer's intervention.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree adapts the rules of financial and accounting management of the legal aid and assistance funds of the legal aid funds (CARPA) in relation to the legal aid funds and aid in the intervention of the lawyer following the assignment to the National Council of Bars of the proceeds of the legal aid contribution. The decree specifies the list of supporting documents to be attached when applying for legal aid. The decree amends the information circuits between the legal aid office and the jurisdiction before it with respect to decisions on rejection, decidity or withdrawal of legal aid. Finally, the decree sets out the coefficients of retribution applicable to a lawyer who has been assisted in legal aid, before the judge of freedoms and detention or before the first president of the Court of Appeal, a person in the course of a judicial release or control of measure of psychiatric care.
References: the texts amended by this decree are available, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr). This decree is taken for the application of theArticle 54 of Act No. 2011-900 of 29 July 2011 Corrigendum for 2011.
The Prime Minister,
On the report of the Seal Guard, Minister of Justice and Freedoms,
Vu le General Tax Codeincluding article 1635 bis Q;
Considering the Civil Procedure Code, including articles 62-4 and 964;
Vu le Public Health Codeincluding articles L. 3211-12 to L. 3211-12-2, L. 3213-5, R. 3211-12 and R. 3211-15;
Vu la Act No. 71-1130 of 31 December 1971 amended to reform certain legal and judicial professions, including article 21-1;
Vu la Act No. 91-647 of 10 July 1991 amended on legal aid, including article 28;
Vu la Act No. 2011-900 of 29 July 2011 for 2011, including its article 54;
Vu le Decree No. 91-1266 of 19 December 1991 amended to implement Act No. 91-647 of 10 July 1991 relating to legal aid;
Vu le Decree No. 96-887 of 10 October 1996 amended by-law relating to the rules of financial and accounting management of funds paid by the State to the credit unions of the legal regulations for legal aid missions and for the assistance of the lawyer provided for in the provisions of Part III of the Act of 10 July 1991;
Considering the advice of the National Legal Aid Council dated 7 September and 12 October 2011;
The State Council (inland section) heard,
Decrete:
The decree of 19 December 1991 referred to above is amended in accordance with the provisions of this chapter.
The eighth paragraph (4°) of Article 33 is supplemented by the words: "as well as the amount of the fees or emoluments already paid to these judicial officers. »
Section 34 is amended as follows:
1° At 9°, the second paragraph is replaced by the following:
"If the applicant benefits from the solidarity allowance for the elderly or from the active solidarity income, and for the latter, its resources do not exceed the lump-sum amount referred to in 2° of Article L. 262-2 of the Code of Social Action and Families, the statement of resources provided for in 1° of this Article shall be replaced by any document justifying the perception of the benefit. The same applies to the claimant receiving the temporary waiting allowance. » ;
2° It is supplemented by a 10° as follows:
« 10° Where applicable, the rationale for payment of the amount of the maintenance. »
Section 43 is amended as follows:
1° In the first paragraph, the words: "Subject to the provisions of Article 41" are deleted;
2° It is supplemented by a sub-item:
"The clerk or the secretary of the court seized shall, in any case, classify without delay the notice transmitted by the office or section in the case file. »
The last paragraph of section 51 is replaced by the following provisions:
"Copy of the decisions of the office, the branch of the office or their president adducing the rejection or withdrawal of the aid, the invalidity of the application for legal aid, the incompetence of the office or granting interim assistance is addressed by the secretary of the office to the clerk or the secretary of the competent court, to the court officer designated in the application for legal aid and having agreed to lend his assistance. The clerk or the secretary of the court seized shall, without delay, file the decision transmitted by the office or section. »
Section 60 is replaced by the following:
"Art. 60.-When a decision is made, the file shall be transmitted promptly to the competent authority to decide on the appeal. The secretary of the legal aid office or the branch of the office shall notify the clerk of the appeal or the secretary of the competent court, who shall promptly classify this notice in the procedural file.
"The plaintiff is informed of the appeal when he is not the author. He may make written comments.
"It is decided by order. A copy of the decisions rendered by the decision-making authority on the challenge of a decision of the board or section shall be sent or notified, as the case may be, under the conditions set out in sections 50 and 51. A copy of the decisions along with the original legal aid application file is addressed to the office or office section that rendered the decision that makes it necessary to appoint the court assistants and archive the file returned. »
Section 62 is amended as follows:
1° The first paragraph is thus completed:
"When the decision is made by the office or the office section, a copy of this decision shall be sent by the secretary of the office to the clerk or to the secretary of the competent court, who shall categorize this decision on the procedural file";
2° At the beginning of the last paragraph, the word "it" is replaced by the words: "Preliminary admission. »
The first table annexed to Article 90 is thus amended:
1° In the "Procedures" column, it is added to the "IV. ― Other Civil Materials" section, after line IV.7, a line IV.8, as follows:
"IV.8. Judicial release and control of psychiatric care measures”;
2° In the column "Coefficients", the coefficient in front of line IV-8 is set at 4. After this number, the mention is added: " (10)";
3° At the end of the table, after the note (9), the note (10) is added as follows:
" (10) Including on appeal to the first president. »
Article 117-1 is amended as follows:
1° The 1° is replaced by the following:
« 1° Special account transactions:
“(a) Provision made by the State for its share in the remuneration of lawyers, in accordance with articles 118 and 132-4;
“(b) Holdings by the National Council of Bars for the proceeds of the contribution for the legal aid provided for in theArticle 1635 bis Q of the General Tax Code and assigned to the payment of legal aid missions according to the second paragraph of section 21-1 of Act No. 71-1130 of 31 December 1971 ;
"(c) Contributions due by the State for completed missions as well as provisions for current missions.";
2° The last paragraph is replaced by the following:
"The President of the Bank of Lawyers' Financial Regulations then communicates this report to the competent or delegate, to the National Council of Bars and to the National Union of Banks of Financial Regulations of Lawyers and to the President of the Departmental Council of Access to Law. »
After Article 117-2, an article 117-3 is inserted as follows:
"Art. 117-3. - I. ― The National Bar Council transmits to the Chancellery:
« 1° At the end of each month, the amount collected during the month for the proceeds of the contribution for legal aid established by theArticle 1635 bis Q of the General Tax Code, the distribution of the holdings ordered by bar during the month and the amount of the payment made on the special account of the Union nationale des caisses de règlement pécuniaires des avocats during the month;
« 2° At the end of each quarter, the situation of the special bank account on which the proceeds of the contribution for legal aid are paid, tracing the details of the inflows and outflows of funds during the quarter;
« 3° At the end of each year, a report on the management of the proceeds of the tax, the content of which is set by joint order of the Minister of Justice and the Minister of Budget;
« 4° At the end of each year, the report of the Auditor certifying the annual accounts for the management of the proceeds of the tax, including the annual amount of the management expenses set out by the National Council of Bars and the National Union of Banks of Financial Regulations of Lawyers and the financial products derived from the proceeds of the tax and their employment.
“II. ― The National Union of Banks of Financial Regulations of Lawyers transmits to the Chancellery:
« 1° At the end of each month, the amount of endowments paid to the legal funds in accordance with the management agreement with the National Bar Council provided for in the second paragraph of section 21-1 of Act No. 71-1130 of 31 December 1971 ;
« 2° On a monthly basis, consolidated cash statements of all legal deposits under section 37 of the Model Regulations for the purposes of section 29 of the Act of 10 July 1991;
« 3° Trimestrially, the situation of the special bank account dedicated to payments to the legal funds of the lawyers who trace the details of the inflows and outflows of funds;
« 4° Annually, consolidated liquidative statements of the lawyers' cash pools. »
Section 118 is amended as follows:
1° The first paragraph is supplemented by the following words: ", deducting from the amount of the allowance assigned to the bar by the National Bar Council for the distribution of the proceeds of the contribution provided for in theArticle 1635 bis Q of the General Tax Code.
2° The second paragraph is supplemented by the following words: "and calculated on the same terms. » ;
3° The first sentence of the third paragraph is replaced by the following:
"The liquidation of the endowment due by the competent officer at each bar shall be effected at the end of the year from a summary statement of completed missions, after deducting the amount of the actual endowment paid to the fund for the financial regulations of lawyers pursuant to section 1635 bis Q."
In article 2 of the decree of 10 October 1996 referred to above, after the words "funds paid", the words "by the State" are deleted.
The Model Regulations annexed to the same Decree are thus amended:
I. ― Section 1 is amended as follows:
1° In the first paragraph, after the word "receives" are inserted the words "of the State" and the words "contribution of the State" are replaced by the words "contribution of the State";
2° After the fifth preambular paragraph, a sixth preambular paragraph should read:
“In accordance with provisions of the second paragraph of section 21-1 of Act No. 71-1130 of 31 December 1971, the Carpa also receives the proceeds of the contribution for legal aid established by theArticle 1635 bis Q of the General Tax Code. This endowment, which is arrested by the National Council of Bars and paid by the National Union of Banks of Financial Regulations of Lawyers under the management agreement provided for in the second paragraph of section 21-1 of Act No. 71-1130 of 31 December 1971, is fully allocated to the retribution of lawyers for legal aid missions. »
3° The sixth preambular paragraph was replaced by the following:
"These funds are paid on the special account provided for in theArticle 29 of the Act of 10 July 1991 referred to above where they are subject to separate registrations with respect to their assignment as defined above by legal aid and the various aids to counsel's intervention. The registrations also distinguish the origin of the funds allocated for legal aid (state award, produced by the contribution of legal aid). »
II. ― After the first paragraph of Article 3, a second paragraph shall be inserted, as follows:
"The funds are paid by the Union nationale des caisses de règlement pécuniaires des avocats on the "Carpa-aide judiciaire" account, whose references have been communicated to him. »
III. ― Section 4 is amended as follows:
1° In the first paragraph, the words: "or, when the Carpa has no legal personality, from the sticker" are deleted;
2° In the second paragraph, the words "as the case may be" and "or the board of order" are deleted.
IV. ― In Article 5, after the words: "funds paid", the words: "by the State" are replaced by the words: "for legal aid and other aids to the intervention of the lawyer".
V. ― In Article 6, after the words: "funds paid", the words "by the State" are deleted.
VI. ― In Article 7, the words: "or, when the Carpa has no legal personality, by the board of order" are deleted.
VII. ― Section 8 is amended as follows:
1° In the first paragraph, the words: "grants paid by the State" are replaced by the words: "received under legal aid and other aids to the intervention of the lawyer";
2° After the second preambular paragraph, a third preambular paragraph was added:
"Funds paid under the second paragraph of section 21-1 of Act No. 71-1130 of 31 December 1971 may have no other final destination than the remuneration of lawyers for legal aid missions. »
VIII. ― In Article 11, the words: "for funds received from the State" are replaced by the words: "for funds received under legal aid and other aids to the intervention of the lawyer".
IX. ― In section 19, the words "police or gendarmerie" are replaced by the words "police, gendarmerie or customs".
X. ― In section 23, the words: "or on the termination certificate of a transactional mission, subject to the distribution rules set out in theArticle 103 of the decree of 19 December 1991 referred to above are replaced by the words: "or on the printed matter referred to in section 132-5 of the decree of 19 December 1991 subject to the distribution rules provided for in section 103 of the same decree".
XI. ― Section 35 is amended as follows:
At the end of the first paragraph, the words "(modalities to be determined)" are replaced by the words: "(according to the procedure defined by the board of order)";
In the second paragraph, in the first sentence, the words "other missions" are replaced by the words "other aids".
XII. ― In the first paragraph of Article 36, after the words: "or its delegate" are inserted the words: "as well as the National Council of Bars and the National Union of Banks of the Financial Regulations of Lawyers".
XIII. ∙ Section 37 is amended as follows:
1° The first paragraph is replaced by the following:
"I. ― The Carpa transmits to the competent officer a monthly cash statement of which the model is fixed by order of the Seal Guard, Minister of Justice. This statement summarises monthly with respect to the endowments paid disaggregated according to their origin: »;
2° The 2° is replaced by the following:
« 2° The number of interventions and the amounts of remuneration paid by nature of intervention for the interventions of lawyers during custody or customs custody; » ;
3° After the fifth preambular paragraph, the following provisions shall be inserted:
“II. ― The electronic version of this statement of cash is transmitted regularly by each Carpa to the National Union of Banks of the Financial Regulations of Lawyers according to the terms defined between them.
"The Union nationale des caisses des règlement pécuniaires des avocats transmits for each month the consolidated electronic file to the competent officer and the Chancellery, according to provisions set out by agreement with the security guard, Minister of Justice. »
This decree is applicable in French Polynesia. It's not applicable to Mayotte.
The Guard of Seals, Minister of Justice and Freedoms, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, and the Minister of Budget, Public Accounts and State Reform, spokesman for the Government, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 12 March 2012.
François Fillon
By the Prime Minister:
The guard of the seals,
Minister of Justice and Freedoms,
Michel Mercier
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
