Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence, amends Article 3 (5) of Law 1/1996 of January 10, of Free Legal Assistance, excluding the the need to establish previously the lack of economic resources on the part of victims of gender-based violence who request free legal assistance, as well as the immediacy in the provision of such assistance.

In turn, the aforementioned Organic Law 1/2004 extends the right to all administrative processes and procedures that have direct or indirect cause in the violence suffered, also establishing that in these cases the same A lawyer will take over the defence of the victims and that this right will also assist the victims in the event of the death of the victim. In addition, the aforementioned organic law provides that, in any case, free and specialized legal defense will be guaranteed immediately to all victims of gender-based violence who request it, without prejudice to the fact that they are not recognized. Subsequently, the right to such assistance shall pay the lawyer the fees due for his intervention.

This new special and privileged regime for the exercise of these rights makes it necessary to modify the Regulation of Free Legal Assistance, approved by Royal Decree 996/2003, of July 25.

With the objective of adapting the regulatory provisions to the content of the law, and taking into account the guarantee that the Organic Law 1/2004 establishes an immediate and specialized legal defense to the women victims of gender-based violence, is introduced in Title I, Chapter II, "Procedure for the recognition of the right to free legal assistance", a section 3 under the heading " Special procedure in processes with direct cause or indirect in gender-based violence. "

On the other hand, the new legal provisions determine the establishment of a new application model, as well as the extension of the modules and economic compensation bases from public funds, referred to advice and immediate assistance to women who are victims of gender-based violence, which is the amendment to Annex II of the Free Legal Assistance Regulation, which is incorporated into this royal decree as Annexes 1 and 2 respectively.

This royal decree is dictated by the empowerment conferred on the government in the fourth and fifth final provisions of the Organic Law 1/2004, which give the Executive a six-month deadline to approve the provisions of the law. necessary regulations and to amend the Free Legal Assistance Regulation.

This royal decree has been informed by the General Council of the Judiciary, by the autonomous communities with powers assumed in the matter of Justice, by the General Council of the Spanish Advocate General and by the General Council of Procurators of the Courts of Spain.

In its virtue, on the proposal of the Ministers of Justice and of Economy and Finance, with the prior approval of the Minister of Public Administration, according to the Council of State and after deliberation of the Council of Ministers in their meeting of the day 2 December 2005,

D I S P O N G O:

Single item. Amendment of the Regulation on Legal Aid, approved by Royal Decree 996/2003 of 25 July.

The Free Legal Assistance Regulation, approved by Royal Decree 996/2003 of 25 July, is amended as follows:

One. Article 1 is worded as follows:

" Article 1. Object and scope of application.

1. This regulation regulates the procedure for the recognition of the right to free legal assistance, in accordance with the provisions of Law 1/1996 of 10 January of Free Legal Assistance.

2. This Regulation shall apply to the recognition by the General Administration of the State of the right of free legal assistance in relation to:

(a) All types of proceedings before courts and tribunals with jurisdiction throughout the national territory or in the territory of an autonomous community that has not received transfers in the field of media provision to the service of the Administration of Justice.

(b) The administrative procedures for which the processing and resolution is applicable to organs of the General Administration of the State, provided that they are legally covered by the right of free legal assistance.

3. Articles 16; 20; paragraphs 1, 3 and 4 of Article 27; 33; 34 and 35 of this Regulation, which, in accordance with the provisions of the first provision of Law 1/1996 of 10 January 1996, are exempted from the provisions of Article 27; Free Legal Assistance will be of general application throughout the national territory. "

Two. Chapter II of Title I, Section 3, is added with the following content:

" Section 3. First Procedure in those judicial processes and administrative procedures that have direct or indirect cause in gender-based violence

Article 25a. Initiation and submission of the application.

1. In the case of the provision of the service of legal guidance, defence and legal assistance to women victims of gender-based violence, this shall be ensured for all those who request it, immediately following the designation of the The law of the Court of Law of the Court of Law of the Court of Law of the Court of Law of the European Parliament of the European Court

Law of the European Union

2. The lawyer shall inform you of the right to request the benefit of free legal assistance, inform you of the requirements for your recognition, assist you if necessary in the the wording of the application forms, and shall inform you that, if the right to free legal assistance is not subsequently recognised, the fees shall be paid by the fee.

3. If the interested party wishes to apply for the right of free legal assistance, it shall complete the model annexed to it as Annex I. IV and present it in the Legal Guidance Service of the College of Lawyers territorially competent within the maximum period of time. 48 hours from the date on which the first attention was paid, or in the corresponding register of the Court of domicile within the same maximum period of 48 hours. In the latter case, the court will refer the application to the territorially competent Bar Association immediately.

In the application, the identification data of the applicant must be recorded and must be duly signed by the applicant; given the immediacy in the provision of legal assistance, the prior accreditation of the lack of economic resources by the assisted area, without prejudice to the obligation to present the necessary documentation at the Bar.

Article 25b. Presentation of the documentation.

1. The applicant for free legal assistance shall submit the necessary documentation relating to Annex I. IV in the Legal Guidance Service of the Bar, together with the application, or within the maximum period of five days to from the presentation of the same.

2. After that period, if the person concerned does not provide the documentation, the request will be withdrawn and the Bar will proceed to the file, giving the lawyer to act accordingly.

3. The application and the documentation submitted, if it is insufficient, will be required of the applicant to remedy the defects warned within 10 working days; otherwise, the applicant will be equally given a withdrawal in his/her request.

4. If the documentation is sufficient, subject to the defects of the notice, the Bar Association, within three days, will transfer the file to the Commission of Free Legal Assistance together with a report on the origin of the (i) the appointment of the lawyer who has assumed the assistance of his own office.

Article 25c. Procedure instruction and resolution.

1. Received the file in the Commission of Legal Assistance Free and made the relevant checks, this will dictate a resolution that recognizes or denies the right within the maximum period of 30 days to count from the receipt of the file complete.

In the case of the provision of the legal assistance service to the woman who is the victim of a crime liable to be prosecuted quickly, the Free Legal Assistance Commission shall give preference to the processing of the application, (a) the decision by which the right is recognised or denied is given prior to the date of the conclusion of the oral judgment.

2. The decision shall be notified within the common period of three days to the applicant, the Bar and, where appropriate, the College of Attorneys, the interested parties and the court or tribunal which is aware of the proceedings, or the Judge Dean of the location if the location was not started.

If the resolution is an estimate, the attorney of the office of office appointed initially and, if necessary, the prosecutor will be confirmed, assuming the legal assistance, the defense and, if necessary, the free representation in all administrative processes and procedures resulting from the violence suffered.

3. If it is a disestimatory, the applicant may appoint a lawyer and a free-choice prosecutor, and must pay the fees and economic rights occasioned by the services actually provided to the appointed professional staff with provisional character. In this case, the acting lawyer shall reimburse the Administration for the amount of remuneration received on the occasion of his professional intervention.

Article 25d. Application of the common rules.

As not expressly provided for in this section, the common rules contained in section 1 shall apply to this procedure. "

Three. Articles 27, 28 and 29 are worded as follows:

" Article 27. Professional obligations.

1. Lawyers and procurators appointed ex officio shall carry out their duties in a real and effective manner until the end of the proceedings in the judicial body concerned and, where appropriate, the execution of the judgments, if the action is taken. The proceedings in the case were brought within two years following the judgment given in the instance.

2. In the special procedure for the rapid prosecution of crimes, the legal assistance shall be provided by the same lawyer from the time of detention, if any, or since such assistance is required and until the end of the procedure, including oral judgment and, where appropriate, the execution of the judgment.

3. In the event of assistance to women victims of gender-based violence, legal guidance, advocacy and assistance shall be provided by the same legal address from the time it is required, and shall cover all processes and procedures. administrative authorities who have direct or indirect cause in the violence suffered until their completion, including the execution of a sentence. This same right shall also assist the successors in title in the event of the death of the victim.

4. Only in the penal order will the appointed lawyers be able to excuse themselves from the defense, provided that there is a personal and fair motive, which will be appreciated by the deans of the schools. In the case of victims of gender-based violence, the acceptance of the excuse in the criminal order will involve the cessation of the other procedures and the appointment of a new lawyer.

Article 28. Regime of guards.

1. For the attention paid to the detainee during the detention and the execution of the first diligent criminal investigations that result, as well as for the legal assistance to those who are assigned a crime in the police state, there is the special procedure provided for in Title III of the Law on Criminal Procedure, in its wording given by Law 38/2002 of 24 October, all the Bar Association, has been arrested or not. establish a system of guards to ensure, on a permanent basis, the assistance and defence of those.

2. For the legal orientation, advocacy and immediate legal assistance of women victims of gender-based violence in all processes and procedures that have direct or indirect cause in the violence suffered and from the moment that require all Bar Colleges to establish a regime of guards specializing in the defense of victims of gender-based violence.

3. The system of guards as well as the number of lawyers who make up each guard service shall be determined, inter alia, on the basis of the volume of litigation, territorial scope, geographical characteristics or location and distance of the guards. detention centres. To this end, the General Council of Spanish Law, with the agreement of the Ministry of Justice, will determine the parameters to be adjusted by the professional associations in determining the number of lawyers to be included in the on-call service.

Article 29. Provision of on-call services.

1. On a general basis, on-call services shall be provided on a daily basis, and all lawyers who integrate the services in accordance with the arrangements established by the college shall be incorporated into these, in a situation of availability or physical presence. respective, and that they will make as many assists as needed during the on-call service.

2. Exceptionally, in those schools where the reduced size of their activities or other characteristics so advise, they may be able to set up guard services with different periodicity, which will be incorporated into the a measure that requires a legal assistance.

3. For the legal orientation, defence and immediate legal assistance of women victims of gender-based violence, an availability guard will be established in each Bar Association specialised in the defence of victims of gender-based violence, in the number to be determined by the college in accordance with the parameters to be determined in accordance with the provisions of paragraph 3 of the previous Article and with the periodicity which is also determine.

4. The system of provision of on-call services to be determined shall be known to the Ministry of Justice on a prior basis. '

Four. Article 30 is worded as follows:

" Article 30. Effects of the recognition of the right.

1. Recognition of the right to free legal assistance shall entail the confirmation of the provisional designations of lawyer and, where appropriate, procurator of trade, and if they have not been produced, the immediate appointment of the (a) the right to be entitled to the right to the right to the right to the right to the right to the right to the right of the person. In each territorial area, the Bar Association and the Bar Association shall act in a coordinated manner to carry out the designations that are applicable in each case, and shall not be able to act, at the same time, as an attorney for office and an attorney general. freely elected or vice versa, unless the free-choice professional resigns in writing to receive his or her fees or rights to the holder of the right to legal aid and to the school before which he is registered.

2. In the criminal order, the defense will be assured in any case from the moment of the arrest, without prejudice to the payment by the client of the fees accrued if the right to free legal assistance is not recognized.

3. In the case of assistance to women who are victims of gender-based violence, such assistance shall be ensured from the moment the woman requests it, producing the lack of recognition of the right equal effects to those referred to in paragraph 1. above. "

Five. Articles 36 and 38 are worded as follows:

" Article 36. Grant.

1. The Ministry of Justice shall support the implementation and provision of the services of free legal assistance by the Bar and Procurator Colleges in its management area under its budgetary allocations.

The amount of the grant shall be applied to the remuneration of the professional actions provided for by the law provided that they are recipients of the right to free legal assistance. It shall also be used to pay the costs incurred in the processing of the legal aid files, as well as the advice and guidance prior to the process.

2. Grants from grants shall be made on a quarterly basis. "

" Article 38. Accrual of compensation.

1. Lawyers and procurators shall pay the remuneration corresponding to their performance, in the percentages set out in Annex III, once they have documented the professional intervention carried out by their respective colleges, which shall be verified by these. Such documentation shall be kept by the schools, who shall make it available to the General Council of the Spanish Advocate and, where appropriate, to the Ministry of Justice when requested.

2. In the case of the service of the legal assistance to the detainee, the compensation shall be payable for 24-hour on-call service at the end of the service and the assistance provided shall be considered, with the limitations to be established, as a single action.

If, exceptionally, the on-call service is of a higher duration, it shall be paid for individual assistance, without the daily remuneration of each lawyer, whatever the number of the completed, may exceed twice the amount of the the amount allocated per day to each lawyer for 24-hour on-call duty.

Actions following the first statement of the detainee or prisoner shall be considered as being included in the remuneration corresponding to the procedure in question in accordance with the scale set out in Annex II.

3. In the case of advice and assistance to women who are victims of gender-based violence, the on-call service shall be paid in accordance with the scale set out in Annex II. Subsequent proceedings in administrative proceedings or proceedings which have their direct or indirect origin in the violence suffered shall also be paid in accordance with the bases and modules set out in Annex II to the the procedure in question.

4. In the case of a procedure for the rapid prosecution, except in the case referred to in the preceding paragraph, in which the proceedings to be performed shall be paid in the manner indicated in it, all actions, including assistance A lawyer, if any, shall be deemed to be included in the remuneration corresponding to the procedure under the scale set out in Annex II. However, if, once the legal assistance is provided to the detainee in the police proceedings or in the first court appearance, the judge will determine that the procedure is not capable of rapid processing, the legal action of assistance the detainee shall be deemed, for the purposes of his remuneration, as an individual assistance, and shall become due once the court decision has been adopted and subject to its accreditation.

5. If, during the on-call service, the legal persons to whom the duty has not taken any intervention, they shall be remunerated for having remained in the same amount as set out in Annex II.

If, on the other hand, during the time of the guard the number of lawyers who constitute the service of call for assistance for the rapid prosecution of crimes exceptionally result, the latrines that form Part of the service of the guard of assistance to the detainee will be able to increase this service, without prejudice to the corresponding compensation for the service of the guard to the detainee. This reinforcement, in any case, will be agreed by the corresponding college, in view of the situation raised.

6. In all cases, the supporting documentation of the professional performance has to be presented at the school, within a period of one calendar month, from the date of its completion. "

Six. The new Annex I IV as well as the amendment to Annex II, which are incorporated as Annexes 1 and 2 respectively to this Royal Decree, are approved.

Seven. A new Single Additional Disposition is added with the following wording:

" Single additional disposition. Authorisation of the transfer of data of a tax nature to the Free Legal Assistance Commissions.

The filing of the request for legal aid will be the authorization of the applicant for the Commission of Free Legal Assistance to obtain directly from the tax administration the accreditation, in your case, that you are not required to make a declaration for the Income Tax of the Physical Persons, in which case the applicant must not provide the corresponding certification.

However, the applicant may expressly refuse consent, in which case it shall provide such certification. "

Single repeal provision. Regulatory repeal.

The only additional provision of Royal Decree 996/2003, of 25 July, for which the Free Legal Assistance Regulation is adopted, is repealed.

Final disposition first. Application and enablement measures to modify the request models.

1. The Minister of Justice is authorised to lay down, in the field of his powers, the precise measures for the implementation of this royal decree.

2. The Ministers of Justice and the Economy and Finance are hereby authorised to amend by joint order the models set out in Annex I to the Free Legal Aid Regulation.

Final disposition second. Economic effects.

The remuneration derived from all interventions for the assistance provided to women victims of gender-based violence from 1 January 2005 and prior to the entry into force of this real Decree, shall be paid in the form and amount laid down in the modules and economic compensation bases provided for in Annex II thereto.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on December 2, 2005.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX 1

ANNEX 2