Rules On State Legal Aid, The Maximum Number Of Hours, Payment Amount And Order

Original Language Title: Noteikumi par valsts nodrošinātās juridiskās palīdzības veidiem, maksimālo stundu skaitu, samaksas apmēru un kārtību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/147672

Cabinet Regulation No 920 of 6 2006 in Riga November (pr. No 57 17. §) rules on State legal aid, the maximum number of hours, the amount of payment and order Issued in accordance with the law of criminal procedure, art. 84 of the second and third subparagraphs of article 104 and fifth and the Act on State legal aid 5. the third paragraph of article i. General questions 1. national legal aid (hereinafter-legal aid), the maximum number of hours, payment amount and order. 2. Payment for legal aid shall be calculated on the full hours. 3. If the legal aid provider is registered for value added tax, the legal aid provider in this provision in paragraph 7 and 12 pay about set plus value added tax law "on value added tax" within the. II. types of legal aid 4. The State shall provide the following legal aid in civil matters: 4.1. consultation of the pre-trial proceedings and judicial decisions execution stage;
4.2. preparation of procedural documents in pre-trial proceedings and judicial decisions execution stage;
4.3. representation in court. 5. The State shall provide the following legal aid in administrative cases: 5.1. pre-trial proceedings of the consultation, and the stage of completion of the award;
5.2. the procedural document preparation and enforcement of pre-trial stage;
5.3. representation in court. 6. The State shall provide the following legal aid in criminal proceedings: 6.1. victim-consultation and the preparation of procedural documents in the pre-trial stage;
6.2. preparation of procedural documents in the proceedings;
6.3. the representation and defense of the pre-trial stage (including matters of educative nature coercive measures) and the execution stage. III. the amount of the Payment in civil and administrative matters 7. Expenses associated with providing legal assistance in civil and administrative cases, the State bears the following: 7.1 for one person to give advice-7 Lats per hour;
7.2. preparation of the procedural document that does not appeal or appeal in cassation-10 lats;
7.3. for the preparation of appeal-20 lats;
7.4. for the preparation of the appeal in cassation-30 lats;
7.5. representation in court-10 Lats per hour;
7.6. on the Welcome to the one of civil or administrative proceedings in the Court of material volume one under the Court of instance-5 lats. 8. the State shall bear the expenses for this rule 7.1. consultations referred to no more than three hours in one case. 9. the State shall bear the expenses for no more than three procedural documents (including appeal or cassation complaint) one case. 10. the State shall bear the expenses for representation in court no more than 40stund one thing. 11. Exclusions these rules 8, 9 and 10 in paragraph conditions allowed if no legal aid provision substantially restricts the fundamental rights guaranteed by the person and the legal aid administration (further-Administration) has taken a decision on the provision of legal aid by way of exception. IV. Payment of the criminal proceedings 12. Expenses associated with providing legal assistance in criminal proceedings, the State pays the following: 12.1. about one victim advise-7 Lats per hour;
12.2. about the procedural document preparation of victim-10 lats;
12.3. for the preparation of appeal-20 lats;
12.4. the cassation complaint preparation-30 lats;
12.5. the representation or defence of the pre-trial stage of the proceedings or hearing-10 Lats per hour;
12.6. the provision of legal assistance to the suspect or the accused, the Court decides the issue of safety features, the horse, the-10 Lats per hour;
12.7. the welcome with one volume of materials of criminal proceedings in the courts of the judicial instance within one-5 lats. 13. the State shall bear the expenses for this rule 12.1. consultations referred to no more than an hour in one case. 14. the State shall bear the expenses for no more than one of these rules 12.2. procedural documents referred to the preparation of the one thing. 15. The legal aid provider who defend two or more persons in one criminal case, on each person's defence hearing fee calculated on the 65% of the amount provided for in paragraph 12.5. these provisions. 16. If the legal aid in criminal proceedings provides that the rule in paragraph 12.6 12.5. or legal assistance provided for Saturdays, Sundays, public holidays or weekdays from 20.00 to 08.00, pay down the double hour rate, subject to the conditions of these rules. 17. That is consumed for the provision of legal aid in criminal proceedings include: 17.1. the time during which the legal aid provider spends waiting for procedural acts, if you specify a different time, and it has not been complied with from the legal aid provider for independent reasons.
17.2. period during which the provider of legal aid that arrived within the specified time and place, consume, waiting for the opening of proceedings, until the legal aid beneficiary is notified of its suspension of the legal aid provider for independent reasons. 18. The provision under paragraph 17 and is credited for the provision of legal aid, and the time spent on those circumstances or actions of the driver of the process, confirming the notice on State-provided legal aid in criminal proceedings (attachment) (hereinafter referred to as the notice). V. other legal aid expenditure pay about 19. If legal aid is provided on the outside of its administrative district area, in which the legal aid provider practice, from the State budget funds cover travel (transportation) costs and expenses of the hotel (accommodation) amounting to: 19.1. If the legal aid provider will use a personal vehicle travel (transport) the expenditure is charged according to the distance between the practice and the provision of legal assistance, taking into account the cost of fuel and the fuel consumption of the vehicle;
19.2. If the legal aid provider is using public transport (train or bus), travel expenses are covered;
19.3. hotels (accommodation) expenses are covered up to the budgetary authorities and public agency employees about the specific mission expenses for accommodation. 20. Cross-border disputes, the State shall bear the costs of interpreter services and translation of documents, as well as bear the expenses related to the person's arrival at the court hearing, if necessary, in accordance with the service provider charges laid. Vi. conditions of Payment 21. Legal aid provider to receive payment for this rule 7, paragraph 12.1., and in particular in paragraph 12.2. legal aid shall be submitted to the Administration announcement of Administration assignment. 22. The legal aid provider to receive payment for this rule 12.3, 12.4, 12.5, 12.6 and 12.7. States in the provision of legal aid in the process of transforming the Administration submit the approved statement. 23. the promoters confirms the statement of this rule 12.3., 12.4, 12.5, 12.6 and 12.7. States in the provision of legal aid immediately after the task is completed, adding to the file a copy of the certified statement. 24. The legal aid provider statement or statement of the Administration's execution of the assignments submitted to the administration within two months from the date of acceptance of the notification or assignment of the administration. 25. the payment for legal aid legal aid provider shall have the right to receive, once the task is executed completely. If the task is enduring and linked to the representation or defence of a legal aid provider is entitled to receive payment for the completed portion of a task. 26. The legal aid provider in point 19 of these provisions to cover the expenses provided for the occasion of the notification or notification about the execution of the assignment of administration documents showing the road (transport) expenses and expenses for a hotel (accommodation). 27. the Administration month after deadline submitted properly completed notification or announcement of the Administration's execution of the assignment, receive payment of paid legal aid provider to the bank account specified by him. 28. If the notice or statement by the Administration on the implementation of the posting of the Administration finds this application error, it shall return the relevant notification to the legal aid provider to resolve an error, if necessary, informing the driver of the process concerned. If the Administration finds the calculation error, it recalculates the payment and the month the amount was paid by the legal aid provider to the bank account specified by him, if necessary, be informed of the legal aid provider of conversion and the corresponding criminal proceedings. VII. Closing questions 29. Be declared unenforceable:

29.1. The Cabinet of Ministers of 7 June 2005, the provisions of no. 407 "provisions on State legal aid, the maximum number of hours, payment and order" (Latvian journal, 2005, no. 92);
29.2. The Cabinet of Ministers on 27 September 2005 Regulation No 727 "rules on payment for State lawyers provide legal assistance in criminal proceedings and the payment order" (Latvian journal, 2005, nr. 155). 30. in order to receive payment for legal aid, which provides up to 14 November 2006, the legal aid provider notification is submitted by the Administration to 15 January 2007. 31. the rules shall enter into force by 15 November 2006. Prime Minister a. Halloween Justice Minister g. Grīnvald annex's Ministers on 6 November 2006 the Regulation No 920 Justice Minister g. Grīnvald in