Rules For The Payment Of The Lawyer For The State Provided Legal Aid In Criminal Proceedings And Payment Procedures

Original Language Title: Noteikumi par advokāta samaksu par valsts nodrošinātas juridiskās palīdzības sniegšanu kriminālprocesā un samaksas kārtību

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Updated 30.9.2005., Latvian Journal No. 156 (3314) Cabinet of Ministers Regulations No. 727 in Riga in 2005 on September 27 (Mon. No 54 46) provisions on payment of the lawyer for the State to ensure the provision of legal aid in criminal proceedings and the payment order Issued in accordance with the criminal law, article 84, second subparagraph, and article 104 of the fifth 1. determines the amount of the payment of the lawyer and order if he after the invitation of promoters gives the person the country pay for legal assistance, to ensure the protection of minors or represented the victim in criminal proceedings.
2. A lawyer participating in the pre-trial in criminal proceedings as a defender or a representative charge 7.00 LVL per hour.
3. A lawyer participating in the Criminal Court as a defender or a representative charge 7.00 LVL per hour.
4. If a criminal judgment is read in a separate hearing, the attorneys ' participation at the lat 4.00 charge.
5. welcome with one volume of material one criminal court within the district charge 5.00 LVL.
6. the provision of legal assistance to the suspect or indicted by the Court, the multiannual deciding the question of security, the imposition of a charge 7.00 LVL for each person to be defended.
7. A lawyer defending two or more persons in one case for each person pay 65% of the calculated amount for the provision in paragraph 2 and 3.
8. For an appeal in cassation or refusal in writing making the dialing of the cassation complaint (if received in writing from the customer request) charge 10.00 dollars.
9. If the lawyer after the promoters shall provide legal assistance in cases on Saturdays, Sundays or public holidays, the payment of double the amount determined, subject to the conditions of these rules.
10. Attorney's fees fixed in this provision in paragraph 2 and 3, in charge of no more than 8 jam for hours a day.
11. If a separate action in the provision of legal aid attorneys pay these rules down to hours, it calculated for the full hours.
12. If the lawyer after coordination with the legal aid administration provide legal aid outside the practice areas, Attorney from the State budget funds cover travel (transportation) costs and expenses of the hotel (accommodation) amounting to: 12.1 if the lawyer using the personal vehicle travel (transport) the expenditure is charged according to the distance between the practice and the legal protection in place for the provision of the pal, taking into account the cost of fuel and transport advocate means fuel consumption;
12.2. If the lawyer uses the common use of the vehicle (railway or public bus), travel expenses are covered;
12.3. hotels (accommodation) expenses are covered up to the budgetary authorities and public agency employees about the specific mission expenses for accommodation.
13. If the Attorney is registered for value added tax, value added tax prescribed in these provisions include lawyer's fees.
14. Lawyer pay the legal aid applications shall be submitted in the process of transforming the Administration statement (annex).
15. a lawyer this provision provided for in paragraph 12 of the recovery of the expenditure submitted to the legal aid administration documents showing the road (transport) expenses and expenses for a hotel (accommodation).
16. a lawyer may charge you for every defense of the actions for which the promoters of the process.
17. The legal aid administration month after this provision in paragraph 14 and 15 that document receipt check them and transfer to pay his lawyers to the specified bank account.
18. The legal aid administration payment order and a copy of the notice sent to the relevant investigation authority, Prosecutor's Office or court (criminal cases to add material).
19. This provision, paragraph 12 and 14 to the application controls the administration of legal aid.
20. This provision is laid down in paragraph 2, the lawyer is paid remuneration amounting to: 20.1. until 31 December 2005-4.00 LVL per hour; 1 January 2006 to 31 December-6.00 LVL per hour.
21. The provision laid down in paragraph 3, the lawyer is paid a fee in the following amount: 21.1. until 31 December 2005-4.00 LVL per hour; 1 January 2006 to 31 December-6.00 LVL per hour.
22. The provision laid down in paragraph 5 to the 2006 pay's lawyer produced is of 3.50 cover lats.
23. in order to receive payment for legal aid provided by the promoters of the process of posting criminal, lawyer Bill with accompanying documents to the regulations received prior to the date of entry into force of the Ministry of Justice may submit within one month from the date of entry into force of the provisions.
24. Be declared unenforceable in the Cabinet of Ministers of 21 May 2002, Regulation No 187 "the order in which the funds of the State budget covers salary costs of a lawyer" (Latvian journal, 2002, 79 no).
25. the rules shall enter into force on the 1 October 2005.
Prime Minister, Minister of culture (H). The Minister of Justice place demakova, Minister e. Repše Editorial Note: regulations shall enter into force by 1 October 2005.
Annex a Cabinet of 27 September 2005 Regulation No 727 of the Justice Minister, the Defense Minister e. Morgan