Key Benefits:
Decision of 11 January 1994, laying down criteria for legal aid and added criteria
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 20 October 1993, Staff Section of the Law of the Pulic Law No 401654/93/6, made on behalf of the Secretary of State for Justice;
Having regard to the Articles 12 and 28 of the Legal Aid Act ;
The Council of State heard (opinion of 24 December 1993, no. W03.93.0705);
Having regard to the further report by Our Minister of Justice of 3 January 1994, Staff Section, Public Law, No 419553/93/6, released on behalf of the Secretary of State for Justice;
Have found good and understand:
For the purpose of this Decision:
a. the law: the Law on legal aid ;
(b) importance: the importance for the defence of which legal aid seeks to provide legal aid to the extent that it affects him directly and individually.
Legal aid may be granted if the application complies with the requirements of the Law the criteria and legal aid laid down in respect of this Decision are not excluded.
Legal aid shall not be granted as from any ground if the application relates to a claim or defence:
(a) for the establishment of which the legal period has expired or, where the use of a remedy is proposed, the period within which it may be used;
b. For which the right-seeker does not provide any or completely inadequate land;
c. to be conducted solely in order to obtain a deferral of payment or execution;
d. An opinion has previously been given by more than one legal person to whom an opinion has been given;
e. in view of the recent case-law, it may reasonably be assumed that it does not make a success;
f. which relates to a second or subsequent application for the grant of a residence permit for some time in which framework is reasonably beyond doubt that the new facts or circumstances prior to the irrevocable decision on the prior application for the grant of a residence permit could have been brought forward for some time, unless it can reasonably be assumed that the special circumstances of the case are emergency cases. legal aid.
1 Legal aid consisting of giving a simple legal opinion, as being of insufficient importance, is not granted if the value which is worth the money remains below an amount of € 250.-.
2 Legal aid on the basis of an addition other than that of simple legal advice is not granted, as being of insufficient interest, if the amount of money which is worth money remains below an amount of € 500.
3 Where legal aid relates to an appeal in cassation, the addition is refused if the value which is worth money remains below a sum of € 1,000.
(4) Where legal aid relates to an appeal in cassation in criminal proceedings only concerning one or more offences against the accused shall be refused, if with the application of Article 9a of the Code of Criminal Law No penalty or measure was imposed or no other penalty or measure was imposed than a fine up to a maximum or, where two or more fines have been imposed by the judgment, up to a maximum joint sum of € 250.
5 By way of derogation from the fourth paragraph, in the cases referred to in the Articles 404, third paragraph , and 427, third member, of the Code of Criminal Procedure , an addition granted regardless of the level of value that is value that is value-valued.
6 If the interest consists of a periodic payable or receipted value, the interest is placed on the value of the payment or receipt, multiplied by the number of times that this value must be paid or received in a period of not more than two years.
7 By way of derogation from the first to fourth paragraphs, legal aid or an addition may be granted if the interests of the legal person seeking a serious interest justify it, or if serious personal circumstances of the legal person seeking to justify it. justify in the interests of effective access to the law.
1 In criminal cases, legal aid shall not be granted where the case serves the court of cantonal courts. The first sentence shall not apply to the provision of legal assistance.
2 By way of derogation from the first sentence of the first sentence, legal aid may be granted where the interests of the legal person seeking a serious interest justify it or the special factual or legal complexity of the case required.
1 For legal aid in cases relating to Book 1 of the Civil Code No addition is granted:
a. if the cantonal judge has jurisdiction to take note of the application, claim or defence,
b. if the application relates to change of the generic name or change of a spelling error in the first name.
2 By way of derogation from the first paragraph, subparagraph (a), an addition may be granted:
a. where the particular factual or legal complexity of the case required or,
b. if the right-seeking defendant is in a proceeding as referred to in the Articles 378 and 431 of Book 1 of the Civil Code .
In the case of legal aid in respect of the making of a payment scheme, the application for bankruptcy or the cancellation of a debt is not to be added.
1 No addition shall be granted where legal aid has been requested only for:
a. The lodging of applications for admission to the Netherlands on the basis of Section 3 of Chapter 3 of the Aliens Act 2000 , unless the right-seeking is threatened with immediate eviction or inservice;
b. Applications for benefits;
(c) submitting an application for naturalisation;
d. tax return;
e. submission of a statement of objection in a tax case, if the objection relates solely to a dispute of a factual or arithmetic nature;
f. the question of waivers of a tax liability;
g. questions of a decision susceptible to appeal, unless the application is duly justified;
h. the request for exemption or deferral of military service;
(i) obtaining legal aid;
j. submitting another application to a governing body to make a decision.
2 By way of derogation from the first paragraph, an addition may be granted if the particular factual or legal complexity of the case is required.
This Decision shall enter into force from the day following the date of issue of the State Sheet in which it is placed, and works back up to and including 1 January 1994.
1 This decision may be cited as: Decision on legal aid and added criteria.
Burdens and orders that this Decision and the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 11 January 1994
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for Justice,
A. Kosto
Published on 8 January 1994The Minister of Justice,
E. M. H. Hirsch Ballin
