Key Benefits:
Law 1/1996, of 10 January, of Free Legal Assistance, and its implementing regulation approved by Royal Decree 2103/1996 of 20 September, as amended by Royal Decree 1949/2000 of 1 December, and by the Royal Decree Decree 1162/2001 of 26 October, operated a thorough reform in the system of recognition of the right to free legal assistance, as well as in the functioning of the collegiate services of lawyers and procurators entrusted with its benefit.
Law 38/2002, of October 24, of partial reform of the Criminal Procedure Law, has incorporated important new developments in order to achieve speed in the response to crime, with the creation of a special for the speedy prosecution of certain offences which allows for immediate prosecution.
The most important acceleration of these processes is the one that will take place in the time that elapses from the opening of the criminal proceedings to the conclusion of the oral trial, therefore, the key part of the new procedure, the (a) the court of law of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice
the European CommunityIn addition to this concentrated instruction and in order to achieve its objective, the rule provides for the oral judgment, the issuance of the judgment, as well as the processing of any resources that may be brought, quickly, so it sets out for it reduced time limits.
This streamlining and concentration of actions before the court of call makes it necessary to ensure the presence in those immediately of lawyers, which ensure the right of legal and defense assistance and representation of the parties, and it is envisaged, in the field of legal aid and in this type of procedure, that it is a single lawyer who provides the assistance, from the detention, if any, to the completion of the process, as well as the requests for recognition of the right of priority in its processing.
This partial reform of the Criminal Procedure Law has a direct impact on the Free Legal Assistance Regulation, so it is necessary to address its modification by incorporating the provisions of the necessary to which the procedure for processing requests for rapid prosecution processes should be adjusted.
The structure of the current Free Legal Aid Regulation is therefore amended by dividing Chapter II, "Procedure for the recognition of the right to free legal assistance", in two sections: a section 1. "General procedure", and a section 2. of "Special procedure for the procedures for the rapid prosecution of certain crimes".
Also, in order to clarify the concepts "legal assistance of trade" and "free assistance and representation", Chapter III is renamed " Organization of the services of legal assistance, defense and representation ", which is also divided into two sections, section 1," Legal aid of trade ", and section 2." Legal aid ".
With regard to the composition of the Free Legal Assistance Committees, it is appropriate to adapt it to the recent amendment made by Law 7/2003, of April 1, of the limited company Nueva Empresa por la amending Law 2/1995, of 23 March, of Limited Liability Societies, which amends the regulation contained in Law 53/2002 of 30 December 2002 on fiscal, administrative and social order measures.
Finally, the new forecasts set out determine the modification of the standard application model listed in Annex I to that Regulation and the modules and economic compensation bases established in the Annex II.
For reasons of legislative technique and to avoid regulatory dispersion, we have chosen to produce a new text that repeals the previous one and which are incorporated, in addition to the aforementioned modifications, those that have been producing since the entry into force of Royal Decree 2103/1996, operated by Royal Decree 1949/2000 of 1 December, and by Royal Decree 1162/2001 of 26 October 2001, which regulates the procedure for the recognition of the right to free legal assistance by the General Administration of the State, in accordance with the The provisions of Law 1/1996 of 10 January of Free Legal Assistance, which will apply to the recognition of the right in relation to all types of proceedings before Spanish courts, whose headquarters are located in the territory of the (a) any State which has not received the transfers in respect of the provision of means at the service of the Administration of Justice, or which extend its jurisdiction to the entire national territory, with the exceptions laid down in that provision.
This royal decree is issued under the authorization conferred on the Government by the final provision of Law 1/1996 of January 10, of Free Legal Assistance. It has been informed by the General Council of the Judicial Branch, by the autonomous communities with powers assumed in the matter of Justice and by the General Councils of the Spanish Lawyers and the Colleges of Attorneys of the Courts of Spain.
In its virtue, on the proposal of the Ministers of Justice and Finance, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 25 July 2003,
DISPONGO:
Single item. Approval of the Regulation.
The Free Legal Assistance Regulation is approved, the text of which is inserted after this royal decree.
Single additional disposition. Free legal assistance in the administrative procedures of foreign and asylum.
This royal decree will be applicable to the right to free legal assistance in the administrative procedures of foreign and asylum, without prejudice to the specific regulations.
Single transient arrangement. Accrual of remuneration.
The remuneration derived from interventions in processes initiated prior to the entry into force of this royal decree will be carried out according to the modules and economic bases established by Royal Decree 1949/2000, of 1 of December, for which the regulation of free legal assistance is amended, except in the criminal order for those processes referred to in Law 38/2002, of 24 October, of partial reform of the Law of Criminal Procedure, initiated with after the entry into force of that rule, which shall be paid in accordance with the modules established in this royal decree.
Single repeal provision. Regulatory repeal.
Royal Decree 2103/1996 of 20 September 1996, as well as the amendments to it operated by Royal Decree 1949/2000 of 1 December, and by Royal Decree 1162/2001 of 26 October 2001, as well as the number of amendments thereto, are hereby repealed. provisions of equal or lower rank are opposed to what was established in this royal decree.
Final disposition first. Regulatory development.
The Minister of Justice is authorized to make, in the field of his powers, the necessary provisions for the application of this royal decree.
Final disposition second. Economic effects.
The economic compensation modules and bases set out in Annex II to the regulation approved by this royal decree will apply to the remuneration of lawyers and prosecutors for their assistance to beneficiaries of free legal assistance in processes starting from its entry into force.
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 Palma de Mallorca, 25 July 2003.
JOHN CARLOS R.
The First Vice President of the Government and Minister of the Presidency,
MARIANO RAJOY BREY
FREE LEGAL ASSISTANCE REGULATION
PRELIMINARY TITLE
General provisions
Article 1. Object and scope of application.
1. This regulation regulates the procedure for the recognition of the right to free legal assistance by the General Administration of the State, in accordance with the provisions of Law 1/1996, of January 10, of Free Legal Assistance.
2. This Regulation shall apply to the recognition of the right of free legal assistance in respect of all types of proceedings before Spanish courts whose seat is located in the territory of autonomous communities which have not received transfers in the field of provision of means at the service of the Administration of Justice or that extend their competence to the entire national territory.
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.
TITLE I
Competent Organs and Procedures
CHAPTER I
Rules for the organisation and operation of the Free Legal Assistance Committees
Article 2. Territorial scope of the Free Legal Assistance Commissions.
1. A Central Commission of Free Legal Assistance will be constituted in the city of Madrid for the recognition of this right in relation to the processes followed before courts that extend their competence to the entire territory national, as well as one in each provincial capital of the jurisdiction of the Ministry of Justice, in the cities of Ceuta and Melilla and in the islands of Menorca and Ibiza, to which the functions and powers of these committees will correspond provided for in the Law on Free Legal Assistance and in this Regulation, in its respective territorial scope.
2. By royal decree, after the approval of the Minister of Public Administrations, it will be possible to agree the creation of delegations of the Commissions of Free Legal Assistance in those cases in which the volume of matters to be dealt with, the circumstances Geographical or other justified causes advise.
In the case of delegation of committees in whose composition officials of delegations or sub-delegations of the Government are integrated, as provided for in Article 3.2.b), their creation shall be carried out on a proposal together with the Minister of Justice and the Minister for Public Administrations.
3. The royal decree of the creation of the delegations will determine their territorial scope and determine their composition, in which the same institutions that make up the Commissions of Free Legal Assistance will be represented.
4. The delegations, which will have the same functions as the Free Legal Assistance Committees, will be subject to the guidelines for action and the general criteria which, in order to recognise the right to free legal aid, will be adopted. the provincial commissions, and the operating rules provided for in this regulation shall apply to them.
Article 3. Composition and designation of members.
1. The Central Commission for Free Legal Assistance will be chaired by a member of the Fiscal Ministry, appointed by the Attorney General of the State, and composed by the Dean of the Bar Association and the College of Attorneys of Madrid or by the lawyer and procurator who they appoint; by a lawyer of the State and by an official of the Ministry of Justice, belonging to a body or scale of group A who, in addition, will act as secretary.
2. The other commissions of Free Legal Assistance will be presided over by a member of the Fiscal Ministry, who will be appointed by the Chief Prosecutor of the Prosecutor's Office of the Superior Court of Justice or, where appropriate, the Provincial Court. The following vowels shall also be part of the commissions:
(a) A State Advocate, appointed by the State Advocate General-Director of the State Legal Service.
(b) An official holding a job whose performance corresponds to officials belonging to group A bodies or scales, who shall perform the duties of the secretary of the commission and shall be appointed in accordance with the following rules:
1. For the commissions of those provinces in which the Ministry of Justice's Territorial Management exists, the official shall be appointed by the Assistant Secretary of Justice, from among those assigned to the Ministry of Justice.
2. For the commissions of those provinces in which there is no Territorial Management of the Ministry of Justice, the official shall be appointed by the Delegate or Deputy Government Delegate, if any, among those assigned to the Ministry of Justice. Delegation or Deputy Government Subdelegation.
3. For the commissions of the islands, in which the provincial capital is not located, the official shall be appointed by the Insular Director of the General Administration of the State, from among those destined in the respective Directorate Insular.
(c) The Dean of the Bar of the Province, or the lawyer designated by him.
d) The Dean of the College of Attorneys of the Province, or the Attorney General of the Province.
In the provinces where there is more than one Bar Association or of Attorneys, your representative will be appointed by common accord for the Decans of these.
3. In order to ensure the continuity of the work and the proper functioning of the committees, the institutions entrusted with the appointment shall also appoint an alternate for each member of the committee, including the chairman. The members and alternates may act without distinction.
4. The members of the Free Legal Assistance Committees shall be entitled to compensation in respect of the meetings they hold, in the terms, conditions and for the amount to be established by the Ministry of Finance, Proposal from the Ministry of Justice, in accordance with Articles 27 and 28 of Royal Decree 462/2002 of 24 May 2002 on compensation for the service.
Article 4. Organic dependency, administrative support and headquarters.
1. The Free Legal Assistance Committees shall be assigned organically to the Territorial Management of the Ministry of Justice or, where they do not exist, to the Government Delegations or Subdelegations.
These organs will provide the administrative support and technical support necessary for their operation.
2. The Free Legal Assistance Committees shall have their seat in the premises which the bodies referred to in the previous paragraph make available to them or, where appropriate, those of judicial bodies located in their territorial area.
Article 5. Information on free justice services.
1. The Free Legal Assistance Committees shall have the lists of registered members of the legal profession assigned to the services of free justice, with an indication of their registered office and, where appropriate, of specialisations by jurisdictional orders. or in the various legal branches.
In the headquarters of the commissions, the rules of operation, headquarters and public service schedules of the legal guidance services of the law schools will be exposed.
2. The information referred to in the previous paragraph shall be made available to any person concerned with access to the services of free justice, and shall be updated by the respective colleges.
Article 6. Operating rules.
1. The operation of the Free Legal Assistance Committees will be in accordance with the Law of Free Legal Assistance and, in general, will be governed by the provisions of Law 30/1992, of November 26, of Legal Regime of Public Administrations and the Common Administrative Procedure, for the collegiate bodies.
2. The Free Legal Assistance Committees shall meet, on an ordinary basis, once every 15 days, without prejudice to the fact that the chairman of the committee agrees to vary such periodicity, taking into account the volume of matters to be dealt with.
Article 7. Functions.
These are the functions of the commissions, as provided for in the Law of Free Legal Assistance, the following:
(a) Recognize, refuse or revoke, where appropriate, the right to free legal assistance, through confirmation or modification, where appropriate, of decisions previously taken by professional colleges.
b) Carry out the checks and collect the information that throughout the processing of the requests for free legal assistance are deemed necessary, and require the corresponding Administration to confirm the the accuracy of the data submitted by the applicants, for which the telematic data transmission procedures may be used for that purpose, provided that the data subject so permits.
(c) Adopt, after consultation with the respective professional associations, those measures which allow the situation of the files to be known, at the appropriate intervals.
d) Receive and transfer to the relevant court or tribunal the written challenge of the resolutions which, in a final manner, recognize or deny the right.
e) To process communications regarding the unsustainability of the pretense presented by the lawyers.
f) Monitor the actions of the legal guidance services provided for in Article 32, and act as communication bodies with professional schools, for the purpose of channelling complaints or complaints made as a consequence of the actions related to the services of free legal assistance, in cases where such initiatives have not been directly addressed to the schools.
g) Any other competition that is attributed to you by the regulatory framework for free legal assistance.
CHAPTER II
Procedures for the recognition of the right to free legal assistance
Section 1. General Procedure
Article 8. Initiation.
The procedure for recognising the right to free legal assistance shall be initiated at the request of a party, by the presentation of the standard model included in Annex I. I, duly signed by the petitioner, and accompanying the application for the documentation referred to in that Annex.
The forms will be provided in the judicial offices, in the services of legal guidance of the Lawyers ' Colleges and in the offices of the Commission of Free Legal Assistance.
The Bar Association shall take the necessary measures to ensure that professionals provide the printed matter to the interested parties and collect them from them.
Article 9. Submission of the application.
1. Applications for legal aid shall be lodged with the legal guidance services of the Bar of the place where the court or tribunal is situated which is to hear the main proceedings, or before the court of domicile. of the requester if the process was not started.
In the latter case, the judicial body will immediately move the petition to the territorially competent Bar Association.
2. Where the person concerned is based on his claim in the exceptional circumstances provided for in Article 5 of the Law on Legal Aid to obtain recognition of the right, the application shall be submitted directly to the Commission. Free Legal Assistance, which will resolve to determine which of the benefits of Article 6 of the Law of Free Legal Assistance, and with which it reaches, are applicable to the applicant.
3. In the criminal order and in the event that the court or tribunal had agreed to any of the custodial measures or restrictive of rights in cases where they proceed under the law, so that it is not possible to present the documentation required and within the time limits laid down, the appointed lawyer shall forward the request duly signed by the person concerned directly to the Commission for Free Legal Assistance, in which he shall state the identity of the the applicant and the case or procedure in question and to which an accrediting diligence of the situation is to be joined.
Article 10. Deficiency of deficiencies.
Legal guidance services of the Bar Association will examine the documentation submitted and, if they appreciate that it is insufficient or that there are deficiencies in the application, they will grant the person concerned a period of 10 days Working for the healing of the defects warned.
After this deadline, the Bar Association will file the petition, and notify the corresponding Free Legal Assistance Commission within three days.
Article 11. Provisional designations.
1. Analyzed the application, and in its case the defects warned, if the Bar considers that the petitioner meets the legally established requirements to obtain the right to legal aid, will proceed in the period maximum of 15 days, counted from the receipt of the application or from the cure of the defects, to the provisional designation of lawyer and will communicate it at the same time to the College of Attorneys so that, within three days The following are designated as procuratorates if their intervention is mandatory.
In the latter case, the College of Attorneys shall immediately inform the Bar of the designation made.
2. The provisional appointment of a lawyer, and in his case communicated by the attorney general, will have a period of three days to transfer to the Commission of Free Legal Assistance corresponding to the complete file, as well as the designations made, for the purpose of the final verification and resolution of the application.
Article 12. Absence of provisional designations.
In the event that the Bar considers that the petitioner does not meet the requirements referred to in paragraph 1 of the previous article, or that the main claim contained in the application is manifestly untenable or It shall inform the applicant within a period of five days that it has not made the provisional appointment of a lawyer and, at the same time, it shall forward the application to the Commission for Legal Aid for the purpose of resolving the definitely.
Article 13. Provisional designation of court order.
1. The judicial body which is aware of a process may issue a reasoned decision, and it shall require the professional associations to appoint a lawyer and, where appropriate, a prosecutor if it considers that the rights of the lawyer must be immediately secured the defence and representation of the parties and any of them shall be without economic resources.
2. The application shall be accompanied by the application for the benefit of free justice of the person concerned, duly signed, a request which has been made available to him by the judicial body itself.
The provisional appointment of a lawyer and attorney general will not be an obstacle to the fact that the person concerned should provide the appropriate documentation for obtaining the benefit of free legal assistance.
Article 14. Reiteration of the request.
1. Where the Bar, within 15 days from receipt of the application or, where appropriate, from the cure of the defects notified, has not carried out any of the measures provided for in Articles 11 and 12, the The applicant may reiterate its request to the Commission for Free Legal Assistance.
2. The application has been repeated, the commission will seek from the school the immediate referral of the file together with a report on the petition, and will at the same time order the provisional designation of attorney and, if required, of attorney.
Article 15. Procedure instruction.
1. Received the file in any of the cases referred to in Articles 11, 12, 13 and 14, the Free Legal Assistance Commission shall have a period of 30 days to carry out the checks and obtain the information it considers necessary to verify the accuracy and reality of the data declared by the applicant.
2. For the purposes referred to in the preceding paragraph, the Commission may obtain from the Administration concerned the confirmation of the data contained in the documentation submitted with the application, provided that it considers it essential for the resolution, especially those of a tax nature.
The request for this information, provided that the interested party so authorizes, may be obtained by the commission by means of the data transmission procedures referred to in Royal Decree No 209/2003 of 21 February 2003, for which the regulate the records and the telematic notifications, as well as the use of telematic means for the replacement of the contribution of certifications by the citizens.
3. Also, within the time limit laid down in paragraph 1 of this Article, the Commission of Free Legal Assistance may hear the parties or parties contrary to the proceedings or against whom the action is sought, where they are known and considers that they can provide data for the actual economic situation of the applicant.
In the event that you do not appear within 10 days after you have been summoned, you will continue processing the application, without prejudice to your right to be in the proceedings at any time prior to your decision. definitive and their subsequent impeachment.
4. The instruction stage of the procedure for recognising the right to free legal assistance shall be governed in any case by the principles of celerity and sumariage.
Article 16. Resolution: content and effects.
1. The relevant checks shall be carried out by the Commission, which shall recognise or refuse the right to free legal assistance within a maximum of 30 days from receipt of the complete file.
In the case of a judgment in the case-law, the commission will determine, where necessary in accordance with the Law on Legal Aid, which of the benefits that make up the law are applicable to the applicant.
In addition, for the purposes provided for in Article 6.10 of the Law on Legal Aid, where the applicant to whom the right is recognized credits income below the minimum interprofessional salary, mention shall be made of expresses this circumstance in the resolution.
2. The final judgment of the right shall involve the confirmation of the designations of lawyer and, where appropriate, of procuratorate, made provisionally by the professional associations.
In the event that such designations have not been produced, the Commission of Free Legal Assistance will require immediately from the schools the appointment of the professionals who defend and, where appropriate, represent the right holder.
3. The judgment of the Court shall mean that any ex officio appointments made in advance shall have no effect and therefore the applicant shall appoint a lawyer and a free-choice prosecutor. In such cases, the petitioner must pay the fees and economic rights occasioned by the services actually provided by the professional appointed professionals on a provisional basis, but the lawyer will not be able to claim the attorney the payment of their fees.
Article 17. Notification of the resolution.
1. The decision of the Free Legal Assistance Commission shall be notified within three days to the applicant, the Bar and, where appropriate, to the College of Attorneys, as well as to the interested parties, and shall be notified to the Court or the court that is aware of the process, or the judge's dean of the locality if the latter had not been initiated.
2. Notifications and notifications shall be made by the secretaries of the Legal Aid Committees, through the bodies referred to in Article 4.1.
Article 18. Administrative silence.
1. After the 30-day period laid down in Article 16, without the Commission providing for free legal assistance, the prior decisions taken by the Bar, without prejudice to the provisions of the Treaty, shall be ratified. the obligation to issue an express decision as referred to in Article 42 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.
2. If the schools have not taken any decision in the case referred to in Article 14.2, the lack of express decision of the Commission on Legal Aid shall give rise to the application being deemed to be estimated, request of the person concerned, the judge or tribunal who is aware of the proceedings, or the competent dean judge if the application was made prior to the initiation of the procedure, the professional associations shall be required to appoint a lawyer and, where appropriate, attorney and to declare the right in its integrity.
3. Where the person concerned has established his claim in the exceptional circumstances provided for in Article 5 of Law 1/1996 of 10 January 1996 on Legal Aid, the absence of an express decision of the Committee on Legal Assistance Free will result in the application being understood to be estimated and thus recognised as entitled.
4. The presumed estimation or dismissal of the application may be enforced in accordance with the provisions of Article 43.5 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Procedure Common Administrative.
Article 19. Impeachment of the resolution.
Resolutions that recognize or deny the right to free legal assistance may be challenged by those who hold a legitimate right or interest, according to the procedure laid down in Article 20 of the Law. 1/1996, of 10 January, of Free Legal Assistance.
Article 20. Revocation of the right.
1. The erroneous declaration, distortion or concealment of data by applicants for legal aid which have been decisive for the recognition of the right will, in any event, result in their revocation, which will take the the obligation to pay all the fees of lawyer and procurator accrued from the grant of the right, as well as the reimbursement of the amount equivalent to the cost of the other benefits obtained.
2. The Administration may require such reimbursement by means of the award procedure provided for in the General Recovery Regulation, approved by Royal Decree 1684/1990 of 20 December 1990, without prejudice to the responsibilities of another Member State. order that they correspond.
3. The revocation of the right will be agreed by the Commission of Free Legal Assistance, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.
Section 2. First Procedure in Special Processes for Rapid Prosecution of Crimes
Article 21. Initiation and submission of the application.
1. In the case of the provision of the legal assistance service to the detainee, prisoner or accused in the special proceedings, for the speedy prosecution of offences involving the appointment of a lawyer, the latter shall inform to your client of the right to ask for the benefit of free legal assistance, and you will be warned that, if you do not recognize the right, you will have to pay the corresponding fees.
Where appropriate, the lawyer shall obtain from his client the completion of the corresponding application model set out in Annex I. II, duly signed, and shall transfer the application form within 48 hours to the service of legal guidance of the Bar competent for processing.
2. Given the immediacy in the provision of legal assistance, the prior accreditation of the lack of economic resources by the assisted person will not be required, without prejudice to the obligation to present the necessary documentation to the College of Lawyers.
3. However, if the defence lawyer is to appreciate that the potential beneficiary is, in a significant manner, lacking in economic resources, he shall draw up a report in accordance with the model set out in Annex I. III, which shall be attached to the application for assessment by the Commission of Legal Aid, which shall, where appropriate, obtain the information it deems necessary on the economic situation of the person concerned.
4. The application shall contain the applicant's identifying data and shall be duly signed by the applicant. However, if, in any event, the assisted person does not sign the application and the lawyer will appreciate that it is possible to receive free legal aid, this circumstance will be entered in order to continue the processing, which will be accredit by certification issued by the Registrar of the judicial body in which the instruction of the judicial proceedings is carried out.
If the person assisted is not subsequently recognised as a beneficiary of free legal assistance, the acting lawyer shall reimburse the administration for the amount of the remuneration received on the basis of his/her professional intervention when you perceive your fees in accordance with the ordinary rules.
This document, if any, together with the report of the lawyer referred to in the preceding paragraph, shall be forwarded by the lawyer to the corresponding Bar, which shall, after registration, issue the appropriate assessment and forward it to the the Free Legal Assistance Commission for its resolution.
Article 22. Submission of documentation and referral to the Free Legal Assistance Commission.
1. The applicant for legal aid shall be required to present the documentation provided for in Annex I. II in the legal guidance service of the Bar, within five days of the date of the application.
2. After that period, if the person concerned does not provide the documentation, he shall be given the withdrawal of his application, and the Bar shall proceed to his file and notify the Commission of Free Legal Assistance.
3. The application and documentation submitted, if this is insufficient, will be required to remedy the defects in the 10-day period. If you do not do so, you will also be given the same withdrawal. If the documentation is sufficient or the defects are remedied, once the report issued by the lawyer has been analyzed, the Bar shall adopt a first provisional decision on whether the applicant meets the requirements legally. required for the granting of the right and the transfer, together with the complete file, within three days to the Commission of Free Legal Assistance for verification and final resolution, also communicating the appointment of a lawyer done.
Article 23. Procedure instruction and resolution.
Received the file in the Committee on Legal Assistance Free, this will give absolute preference to the processing of these applications by seeking that the resolution, which recognizes or denies the right, is dictated before the date of conclusion of the oral judgment and without in any event the time limit for carrying out checks and the collection of the information necessary to verify the accuracy of the data declared and to make a decision, exceed 30 days from the date of its conclusion. receipt.
Article 24. Absence of express resolution.
The lack of express resolution of the Free Legal Assistance Commission within the time limit set out in the previous article will produce confirmation of the previous decisions taken by the Bar on the compliance by the applicant with the legally established requirements to be a beneficiary of the right to legal aid or to the file of the application for lack of documentation.
Article 25. 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.
TITLE II
Organization of the services of legal assistance, defense and representation
CHAPTER I
Organization of the legal counsel of trade
Article 26. Regulation and organization.
1. The General Councils of the Spanish Lawyers and the College of Attorneys of the Courts of Spain will approve the general guidelines on the organization and operation of the services of legal assistance of trade.
2. The Boards of Government of the Bar and Attorneys ' Colleges shall regulate and organize the services of legal and defense assistance and representation of those who request a lawyer of trade in any jurisdiction or do not appoint a lawyer in the criminal jurisdiction, in accordance with the guidelines adopted by the bodies referred to in the previous paragraph, which shall, in any event, be enforced.
3. The organisation of the services must ensure its continuity and, when the census of professionals permits, the specialization by jurisdictional orders, taking into account the criteria of efficiency and functionality in the application of the funds public posts at their disposal, ensuring the objective distribution of shifts and means.
The shift and media distribution systems will be public for all collegiates, as well as for applicants for free legal assistance.
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. Only in the criminal order will the appointed lawyers be able to excuse themselves from the defence, provided that there is a personal and fair motive, which will be appreciated by the deans of the schools.
4. For the provision of the legal assistance service to the detainee or prisoner, it will not be necessary for him to be accredited previously without economic resources, but the lawyer who attends him must inform him about his right to request legal assistance. free.
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 will result, as well as for the legal assistance to whom a crime is attributed in the police state, there is or not, for whose instruction and prosecution the special procedure provided for in Title III of the Law on Criminal Procedure is applicable, in its wording given by Law 38/2002, of 24 October, all the Colleges of Lawyers establish a system of guards to ensure, on a permanent basis, the assistance and defence of those.
2. The system of guards, as well as the number of lawyers who will integrate each guard service, will be determined, among other circumstances, according to the volume of litigation, territorial scope, geographical characteristics or situation and distance of the 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 legal persons who integrate the services shall be incorporated in this, in a situation of availability or physical presence, in accordance with the arrangements established by the college. 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. The system for the provision of on-call services shall require the Ministry of Justice to be known, on a preliminary basis.
CHAPTER II
Recognition, waiver and organizational issues of free legal assistance
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, of the attorney general's office, and if they have not been produced, the immediate appointment of the professionals who defend and, where appropriate, represent the holder of the right, as well as the other benefits that integrate the right. 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 of the fees by the client if the right to free legal assistance is not recognized.
Article 31. Waiver of designation.
1. Those who believe they have the right to free legal assistance may expressly waive the appointment of a lawyer and a public prosecutor, by appointing professionals of their own trust, and must include this in the application. The waiver will affect both.
2. The resignation following the appointment, which will also have to affect both professionals, will have to be expressly communicated to the Commission on Legal Aid and to the professional associations, and will not involve the loss of the other benefits of the right to free legal assistance that would have been recognised.
3. In order to ensure the effective and mutual communication of the resignations of the professionals to the perception of fees and rights, as well as those of the interested parties to the appointments of trade, the Bar and Procurator Colleges will adopt measures are required.
Article 32. Legal guidance services.
1. Each Bar will necessarily have a service of legal guidance that will assume, in addition to the functions assigned to it by the Governing Board, the advice prior to the petitioners of free legal assistance, the information on the fulfilment of the necessary requirements for their recognition and assistance in the drafting of standard forms of application. This service will be free of charge for applicants.
2. The Bar Association shall take the necessary measures to facilitate the access of citizens to legal guidance services and to adequately disseminate the location of their premises and their functions.
Article 33. Training and specialisation.
1. In accordance with the provisions of article 25 of the Law on Free Assistance, the Ministry of Justice, prior to the report of the General Councils of the Spanish Advocate General and the Colleges of Attorneys of the Courts of Spain, will establish the minimum general training and specialisation requirements necessary to provide the services of free legal assistance, as well as those relating to prior professional experience.
2. Such requirements shall be enforced for all professional colleges.
Article 34. Patrimonial responsibility.
1. The damage caused by the operation of the legal services of free legal assistance will be compensated according to the general rules and principles of patrimonial liability contained in the Law of the Legal Regime of the Public administrations and the Common Administrative Procedure.
2. The annulment or modification of the decisions taken by the professional associations in respect of the provisional designations of attorney and procuratorate, which are agreed by the Commissions of Legal Assistance at the time of issue
Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice3. The handling of the compensation claims will be in line with the provisions of Royal Decree 429/1993 of 26 March, which approves the Regulation on the procedures of public administrations in the field of liability. assets, in so far as it is applicable and, in any case, with the following details:
(a) The compensation claim procedure shall be initiated by application from the person concerned, who shall address and present to the appropriate professional college.
(b) The final resolution, which agrees or disclaims the compensation claimed, shall be adopted, after obtaining the opinion of the State Council, by the Governing Board of the respective college.
Article 35. Unsustainability of the claim.
1. Where the lawyer appointed for a process considers the claim which he intends to be an untenable to be untenable, he must inform the Commission of Free Legal Assistance within six days of his appointment, by means of the a duly motivated report setting out the legal arguments on which the decision is based, and shall be dealt with in accordance with Articles 32 to 35 of the Law on Legal Aid Free of Charge.
The same procedure shall be followed in the case of appeals against decisions that have brought an end to the proceedings in the relevant instance, if the appellant's lawyer considers the claim to be unworkable.
2. The Bar Association shall keep a special register in which the files dealt with are to be kept on record on the grounds of the unsustainability of the claim made by the schoolgirls.
TITLE III
Grant and supervision of free legal assistance services
Article 36. Grant.
1. The Ministry of Justice shall grant, in charge of its budgetary allocations, the implementation and provision of legal assistance services free of charge by the Bar and Procurator Colleges in its management field.
The amount of the subsidy will be applied in particular to the remuneration of the professional actions provided for in Article 6 (1) to (3) of the Law on Legal Aid, provided that they are addressed to who are beneficiaries of the right to free legal assistance. It shall also be used to pay the costs incurred in the processing of legal aid files, a concept including advice and guidance prior to the process.
2. Grants from grants shall be made on a quarterly basis.
Article 37. Remuneration of lawyers and prosecutors.
1. The remuneration of lawyers and procurators shall be made in accordance with economic bases and compensation modules set out in accordance with the typology of procedures involving such professionals.
The reference economic modules and bases, applicable from the entry into force of this Regulation, shall be as set out in Annex II.
2. For successive years, the Minister of Justice, prior to the report of the General Council of the Spanish Advocate General, of the General Council of the Colleges of Attorneys of the Courts of Spain and the Ministry of Finance, will determine, according to the budgetary allocations, the economic amount which, in consideration of its complexity, shall be allocated to each of the actions referred to in Annex II
Article 38. Accrual of compensation.
1. Lawyers and procurators shall bear the compensation for their action, in the percentages set out in Annex II, once they have documented the professional intervention carried out by their respective colleges, which shall be to be verified by them. 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 lawyer 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 the on-call service is exceptionally longer, it shall be paid for on an individual basis, without the daily remuneration of each lawyer, regardless of the number of those made, exceeding twice the amount of the service. the amount allocated, also per day, to each lawyer for 24-hour on-call duty.
The 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 a procedure for rapid prosecution, all proceedings, including legal assistance to the detainee, if any, shall be deemed to be included in the remuneration corresponding to the procedure, in accordance with the established scale. in Annex II. However, if, once the legal assistance is provided to the detainee in the police proceedings or at the first judicial hearing, 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.
4. 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 service, in the amount set out in Annex III.
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.
5. In all cases, the supporting documentation of the professional performance has to be presented at the school, within the maximum period of one calendar month, counted from the date of its completion.
Article 39. Operating expenses and infrastructure.
1. The cost of operating the services of free legal assistance to the Professional Lawyers and Procurators, of the units responsible for the advice and guidance prior to the process to the citizens and the provisional qualification of the claims requested shall be compensated by the application to each file of the following module:
(a) Bar associations: EUR 30 per file processed.
b) Colleges of procurators: EUR 3 per file processed.
2. The quantity resulting from the multiplication of the module for each file shall be due when it is established that the module is complete and has been sent to the corresponding Commission of Free Legal Assistance for final resolution.
3. Within the calendar month following the end of each quarter, the General Councils of the Spanish Lawyers and the Attorneys of the Courts of Spain, as well as the Commissions of Legal Assistance Free, will forward, separately, to the Ministry of Justice a certification that contains the number of complete files processed by each Bar and Procurators that have entered into the respective commissions. On the basis of these certifications, the Ministry of Justice shall make the quarterly bookings corresponding to its budget allocations.
4. To support the cost to the General Council of the Spanish Lawyers and the General Council of the Courts of Attorneys of the Spanish Courts their actions in the field of free legal assistance, quarterly the Councils shall receive an amount equal to that resulting from the application of 11,5% to the amount corresponding to the colleges for the files processed, as provided for in paragraphs 1 and 2 of this Article.
Article 40. Collegial management of the grant.
1. The General Councils of the Spanish Lawyers and the Courts of Attorneys of the Courts of Spain will distribute among their respective schools the amount of the grant corresponding to each one, depending on the number of actions (a) professionals who have been trained and accredited by the latter before the above-mentioned General Councils, as well as the files dealt with, during the quarter immediately preceding each release.
2. The General Councils and the Colleges, as collaborating entities for the management of the grant, will be subject to the rules and obligations established for those subjects by the General Budget Law.
Article 41. Procedure for the application of the grant.
1. Within the calendar month following the end of each quarter, the General Council of the Spanish Advocate General and the General Council of the Courts of Attorneys of the Courts of Spain will send to the Ministry of Justice a certification containing the data relating to the number and class of actions carried out by each college during the preceding quarter, together with the justification of the total economic cost associated with those activities.
2. On the basis of these certifications, the Ministry of Justice will then carry out the quarterly bookings that correspond, without prejudice to subsequent regularisations which may be completed once the justification has been completed. Annual regulated in the following articles.
Article 42. Annual justification for the application of the grant.
Within the first four months of each year, the General Councils shall justify to the Ministry of Justice the application of the grant received during the whole of the preceding financial year. If such an obligation is breached, successive bookings shall be suspended until the account is given. In the event that the account is incomplete for the delay or omission of any Bar or Procurator, it shall be returned from the subsequent bookings an amount equal to the last one distributed by the General Councils to such schools.
The differences that may result from the account bookies carried out in accordance with the provisions of paragraph 2 of the previous Article shall be regularised once the annual justification procedure has been completed.
Article 43. Content of the annual justification.
1. The annual justification for the application of the funds received referred to in the previous Article shall comprise, in the case of the General Council of Spanish Lawyers, the following:
(a) The total number of legal assistance provided, as well as their distribution in each of the schools.
b) Total number of guard services performed at schools.
(c) Quantity distributed to each college to compensate for the provision of legal assistance in service of guard and relationship, by colleges, of the compensation received by each professional who has intervened in the provision of the service.
(d) Total number of free legal assistance benefits, excluding those for on-call services, as well as their distribution between each of the schools, broken down by type of procedure.
e) Quantity distributed to each school to compensate for the above benefits and the ratio of the allowances received by each professional who has intervened in those allowances.
(f) Amount intended to cover the costs of infrastructure and operational functioning of the legal assistance services.
g) Relation of the quantities distributed to each college by the General Council, in order to meet the costs of the organization, infrastructure and operation of the services, with an indication of the criteria followed for this and detail of the application which has been carried out by each school.
h) Amount of accrued interest, if any, by the successive bookings and application of those.
i) Implementation of the training and specialisation requirements necessary to provide the services of free legal assistance.
2. The annual justification to be submitted by the General Council of the Courts of Attorneys of the Courts of Spain shall include the extremes referred to in paragraphs (d) to (i) of the previous paragraph.
Article 44. Separate accounting.
Both the General Council of the Spanish Bar and the Bar Association must account separately for the amounts paid to meet the purposes referred to in the Law of Free Legal Assistance and in this Law. rules.
Identical obligation shall be for the General Council of the Courts of Attorneys of the Courts of Spain and the Colleges of Attorneys.
TITLE IV
Free Expert Assistance
Article 45. Payment of fees.
1. The payment of the fees accrued by the professionals referred to in the second paragraph of Article 6.6 of the Law of Free Legal Assistance shall be carried out by the Ministry of Justice, except in the following cases:
(a) Where in the judgment terminating the proceedings, the holder of the right to legal aid has been ordered to pay the costs.
b) When, in the course of the proceedings, the holder of the right to legal aid and not existing in the judgment delivered on costs, the benefits obtained by that in the proceedings exceed three times the amount of the costs incurred in their defence.
2. In the event that the right to free legal aid is terminated in the judgment to end the proceedings, the person who is entitled to the legal aid shall be obliged to pay the assessments made by private technicians, if within the three years after the completion of the process came to better fortune.
To make this obligation effective, the procedure referred to in Article 20 shall apply.
Article 46. Economic cost of the expert evidence.
1. Prior to the performance of the expert test, the private technician appointed in accordance with the second paragraph of Article 6.6 of the Law on Legal Aid shall forward to the Management of the Ministry of Justice responsible for the territory, for approval, a forecast of the economic cost of the territory, which shall necessarily include the following:
a) Planned time to perform the skill and cost per hour assessment.
b) Expenses necessary for their realization.
c) A copy of the court judgment that resulted in the test being performed.
The initial cost estimate will be automatically approved if within one month, since its referral, the Territorial Management does not make any repairs to its quantifi-cation.
2. The amount of fees shall be adjusted to the economic cost forecast, approved in accordance with the provisions of the previous paragraph. In addition, the professional shall also provide documents certifying the recognition of the right to legal aid for the person who has called for the expert's proof and delivery of the court on the costs incurred by him. process.
ANNEX I. I
Request for free legal assistance (*)
| I. STATEMENT DATA
| |||||||||
| . Physical Person.
| |||||||||
|
AND NAME
| NIF/RESIDENCE card
| ||||||||
| nationality
| DATE OF BIRTH
| CIVIL status ❑ single ❑ married ❑ union in fact ❑ widowed ❑ separated ❑ divorced | |||||||
|
PROFESSION
| REGIME MARRIAGE ECONOMICS ❑ Ganancials ❑ Separation of goods ❑ Other ___________ | ||||||||
| (street, number and floor)
| USAGE ❑ Property ❑ Rent ❑ Other | MUNICIPALITY
| PROVINCE
| ||||||
|
POSTAL CODE
|
| fixed | TELEPHONE | colspan="2">
| |||||
|
spouse: NAME AND NAME
| NIF/T. RESIDENCE
| PROFESSION
| |||||||
|
RELATIVES WHO LIVE WITH THE | |||||||||
|
Name and Name ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ | Parentship ___________________ ___________________ ___________________ ___________________ ___________________ | Age (children) ______ ______ ______ ______ ______ | |||||||
|
b. Legal Person.
| |||||||||
|
ENTITY DENOMINATION
| C. I. F.
| ||||||||
|
ADDRESS (street, number and floor)
| MUNICIPALITY
| PROVINCE
| |||||||
|
POSTAL CODE
| TELEPHONE
| FAX
| |||||||
|
associations: Public utility date
| FOUNDATIONS: Year registration
| ||||||||
| (*) Before completing the request, read the INSTRUCTIONS and DECLARATION listed on the last page. |
|||||||||
| II. ECONOMIC DATA
| ||||
|
FAMILY UNIT ANNUAL REVENUE | ||||
| Declarant/Conyuge/Children/Other ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ | Gross Amount ____________ ____________ ____________
____________ ____________ | Concept
| Judicial Retention
| |
|
| ||||
| Description (floor, local, ...) _________________ _________________ _________________ | Place (street ...) ______________________ ______________________ ______________________ | Usage (housing, business, ...) _____________ _____________ _____________ | Valuation _____________ _____________ _____________ | Cargas (mortgages, ...) _____________ _____________ _____________ |
| OTHER FINANCIAL | ||||
|
______________________ ______________________ ______________________ | Save _____________ _____________ _____________ | Product (letters, bonds, deposits) ______________________ ______________________ ______________________ | Amount _____________ _____________ _____________ | |
| OTHER FURNITURE PROPERTIES | ||||
|
Concept (vehicles, ...) ______________________ ______________________ ______________________ | Acquisition Year _____________ _____________ _____________ | Valuation _____________ _____________ _____________ | ||
| III. JUDICIAL PROCEDURE DATA
| ||||
|
The declarant is ❑ plaintiff/actor ❑ other: ❑ respondent/reported ❑ stopped | PROCEDURE TYPE
| |||
| object and pretense (Description of the object of the judicial procedure and the pretense to be exercised) _____________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________ | ||||
| NO PROCEDURE
| JUDICIAL ORGAN
| PROCEDURE SITUATION ❑ Started ❑ Statement Execution ❑ | ||
| CONTRARIA/S | ||||
| Last Name and Name/Denomination ________________________________ ________________________________ | Home ______________________________________________ ______________________________________________ | |||
| IV. RESPONSIBLE DECLARATION AND REQUEST
| |||
| DECLARATION under my total and express responsibility that are certain and complete all data (i) the Commission's proposal for a Council decision on the proposal for a Council decision on the proposal for a Council decision on the He also stated knowing precisely and accepting that: 1. This application not in itself suspend course of the proceedings and therefore must personally request the court to suspend the course of any period that may cause me to be defenseless or precluding the processing. 2. My personal data, which I supply when submitting this application, will be included in an automated file and treated as provided for in Organic Law 15/1999, of December 13, for the purposes of the recognition of the the right, and that the information is addressed to the Commission of Free Legal Assistance that corresponds. 3. In the event that the Commission of Free Legal Assistance denies the request it made, it will be up to me pay the fees and economic rights deriving from the intervention of the professionals previously appointed to the resolution of my claim. 4. The erroneous, false or hidden declaration of relevant data will result in the revocation of the recognition of the right; in such case, I will be obliged to pay the benefits that I have obtained, in addition to being subject to the responsibilities that may be required for me. Knowing all of the above, REQUESTED to be recognized for the right to free legal assistance at: | |||
|
______________________________ (place and date)
|
EL/LA REQUESTER
Fdo.: ____________________________ | ||
| DOCUMENTATION THAT THE DECLARANT ATTACHED
| |
|
❑ Photo of the DNI, the citizens of the European Union. ❑ Passport or passport residence card, foreigners. ❑ Statement of public utility (associations) or registration (foundations). ❑ Family unit tax declaration (IRPF and, in their case, Heritage) or the legal person (corporation tax). < ❑ \cs6\f1\expndtw-1} {\expndtw-1} {\expndtw-1} {\expndtw-1} {\expndtw-1} {\expndtw-1} {\expndtw-1}❑ \expndtw-1} \expndtw1 (real estate).❑ Simple note from the Property Registry (if charges are alleged on the property). ❑ Certificate of work centers and high and low security Social. ❑ Enterprise Certificate that accredits revenue annual gross. ❑ INEM certificate stating the perception of unemployment assistance and period to which it extends. ❑ Public pension collection certificate. OTHER DOCUMENTATION ❑ ________________________________________________________ ❑ ________________________________________________________ |
| VI. INFORMATION TO THE APPLICANT
| |
|
interested person/a, by the Letrado/a of the illustrious Bar Association of the _________________________, of the documentation you must provide to remedy the defects observed in the filing of this application, so you are granted a period of ten working days that concludes the day. You are also informed that, if you do not comply with this requirement within the stated time limit, your application will be archived in accordance with Article 14 of Law 1/1996, of January 10, of Legal Assistance Free. On ____________________________, a ____ of ____________ of _______
| |
| EL/LA LETRADO/A N. ° ___________
| ENTADO/A EL/THE REQUESTER
Fdo.: _________________________________ |
| DECLARATION -All identifying data of the applicant will be entered; if it acts on behalf of a legal person, fill in the data of this. -The data of the spouse and the matrimonial property regime shall be entered in the case of marriage or union in fact. If the spouse coexists with the declarant, it will be indicated in the family section. ECONOMIC DATA -The annual income of the family unit will be detailed indicating the currency in which they are collected. Only in the case of absolutely no income will no figure be entered, but it will be clearly stated "They do not exist". -Real properties will reflect if it is the domicile used by the family unit, housing in another use, local business, garage, solar, etc. Also, the market or cadastral value and the mortgages or credits that are taxed on the family unit property |
ANNEX I. II
Request for the benefit of free legal assistance for legal assistance in the special procedure for rapid prosecution
Printed to be filled in by the detainee, inmate, or reported.
D. ________________________________________________________________________________
NIF _____________, phone _________________, neighbor of __________________________________________
street _____________________________________________________________________________________________
I formally request that I be recognized the right to free legal assistance established in Law 1/1996, of January 10, for the following steps:
Procedure ________________________________________________________________________________
Jurisdictional Authority __________________________________________________________________________
Offense being charged ________________________________________________________________________
To this end it expressly states that its resources and economic revenues computed annually by all concepts and by family unit do not exceed the ___________euros (*) monthly, being of _________________ euros.
He also requests that he be appointed a lawyer and prosecutor of the office of office, and he undertakes to pay the minute of the lawyer and prosecutor who will attend him on his own initiative if the right to assistance is not recognized. free legal.
| Applicant's social or economic interest data: ________________________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________________________ |
(*) Amount corresponding to the current interprofessional minimum wage.
Requester signature Place and date
VIII. INFORMATION TO THE APPLICANT
| EL/LA LETRADO/A # _____________ | REQUEST/A |
|
|
Fdo.: _________________________ |
IX. DOCUMENTATION TO BE SUBMITTED BY THE APPLICANT
| ❑ Photo of the DNI, the citizens of the European Union. ❑ Passport or residence card, foreigners. ❑ Statement of public utility (associations) or registration (foundations). ❑ Family unit tax declaration (IRPF and, where applicable, Heritage) or legal person (corporation tax). ❑ Certificate of the Tax Office of not having submitted a statement (In the event that the family unit is not required to present an IRPF statement). ❑ cadastral certification (real estate). ❑ Simple Note from the Property Registry (if loads are alleged on the property). ❑ Certificate of work centers and high and low Social Security. ❑ Enterprise Certificate that accredits annual gross revenue. ❑ INEM Certificate in which the perception of unemployment assistance and period to which it extends is recorded. ❑ Public Pension Collection Certificate. OTRA DOCUMENTATION ❑ ____________________________________________________________________________________ ❑ ____________________________________________________________________________________ |
ANNEX I. III
|
THE FREE LEGAL ASSISTANCE COMMISSION D/D. ª ____________________________________________ collegiate n. ° ________________ EXPONE 1. That it has proved impossible for this lawyer to obtain other economic data than those recorded in the request for free legal assistance, despite the fact that the interested party has obtained the relevant documentation. < Text"> 2. That, however, of all the information obtained, I consider that the economic situation of the applicant:❑ YES is worthy of the recognition of the benefits of article 6 of the Law of Free Legal Assistance. Text">❑ is NOT worthy of the recognition of the benefits of Article 6 of the Law of Free Legal Assistance.3. In the case of a criminal procedure in which the legal defence is mandatory and inexcusable, it is stated that the signatory lawyer designated in the reference procedure will continue to act until it is resolved to the contrary. Centro_round"> Madrid, to ______________ of _______ of __________Signature of the latrr
|
ANNEX II
Economic compensation modules and bases-Lawyers
| INDIVIDUALIZED ASSISTANCE-CRIMINAL PROCEDURE General or Quick Procedure | 60.10 € | |||
|
-hour on-call service. Detainee Assistance-National Audience | 150 € | |||
|
-hour on-call service. Detainee assistance (Proc. general penalty) | 1114.19 € | |||
|
-hour on-call service. Assistance to the quick-prosecution (exceptional character) procedure detainee | 60.10 € | |||
|
CRIMINAL JURISDICTION | ||||
|
Procedure with Jury Tribunal | 300,51 € | |||
|
criminal procedure complexity | 300,51 € | |||
| Per Thousand Foles | 18.03 € | |||
|
five appearances before the court, for every five appearances | 18.03 € | |||
|
two days of view, for each day | 54.09 € | |||
| Criminal procedure of special complexity before the National Audience | € 315 _table_body | |||
| Per Thousand Foles | 19 € | |||
|
Five appearances before the court, for every five appearances | 19 € | |||
|
two days of view, for each day | 57€ | |||
| 270,45 | ||||
|
Criminal Procedure before the National Audience | 283 € | |||
|
200 € | ||||
| Short Procedure the National Audience |
| |||
|
Procedure Procedure with stopped assistance | 240 € | |||
|
procedure without assistance to stopped |
Minors | |||
|
Minors | ||||
| Minors to the Audience National | 132 € | |||
| penitentiary surveillance | 1114,19 € | |||
|
Expedients of Penitentiary Surveillance to the National Audience | € 120 | |||
| 70 € | ||||
|
Procedure with displacement for oral care assistance | 224.04 € | |||
| Departures to prison centers | ||||
| If you are less than 25 km from the lawyer's residence | 12.02 € | |||
|
If you are more than 25 km from the lawyer's residence | 30.05 € | |||
|
Judgement | ||||
|
| Verbal | |||
| € | ||||
| Family Trial | 200 € | |||
|
Measures | 60.10 € | |||
| € | ||||
| Filing, parenthood, capacity | 200 € | |||
|
| 150 € | |||
|
Judicial Division of Heritage | 150 € | |||
|
| 150 € | |||
| Jurisdiction | 150 € | |||
|
ADMINISTRATIVE-LEGAL JURISDICTION | ||||
|
PREADMINISTRATIVE PATH (FOREIGN AND asylum) | 72,12 € | |||
|
administrative path (foreign and asylum) to the National Audience | 75 € | |||
|
-litigation resource | 198,33 € | |||
|
-administrative challenge to the National Audience | 208 € |
|||
|
JURISDICTION | ||||
|
Procedure | 132.22 € | |||
| Appeal facility | 72.12 € | |||
|
MILITARY JURISDICTION | ||||
| SUMIAL PHASE | 60.10 € | |||
|
Trial Phase | 120.20 € | |||
| RESOURCES | ||||
| Appeal | 260 € | |||
| Appeal when not formalized and there is only ad | 24.04 € | |||
|
Amparo Resource | 26€ | |||
| Resource | 102.17 € | |||
|
extra-judicial Transactions | general rules |
75% of the amount applicable to the procedure | ||
| report of the unsustainability of the pretense | 30.05 € | |||
Economic compensation modules and bases-Procurators
| criminal jurisdiction | |
| All Procedures | 18.03 € |
| Appeals | 21.04 € |
| All Procedures | |
|
| Appeals |
| 21.03 € | |
ANNEX III
Time of Indemnity accrual
Lawyers and procurators shall bear the compensation corresponding to their performance on the trade shift, according to the following percentages:
1. One 70 per 100.
(a) In civil proceedings, including family proceedings, to the filing of the copy of the application for admission of the application or to the reply of the latter.
b) In civil appeals, to the presentation of the copy of providence admitting to the procedure the appeal or, where appropriate, the personation in the show.
(c) In criminal proceedings, the filing of the copy of the diligence or request for procedural action in which the lawyer or prosecutor is involved, or the opening of the oral trial.
(d) In criminal appeals, to the filing of the copy of the court judgment having by formalized or challenged the appeal or the pointing for the view.
e) In the other proceedings, to the filing of the copy of the judicial diligence accreditative of the intervention of the lawyer, or procurator of the courts.
f) In the formalized cassation resources, to the presentation of the copy of the providence for which the resource is to be formalized.
g) In non-formalized appeals, to the submission of the copy of the report addressed to the college, based on the infeasibility of the resource.
2. The remaining 30 per 100 of the cases from the case, to the submission of the copy of the judgment or resolution terminating the instance.
3. In the case of out-of-court transactions and the report of unsustainability of the claim, the entire compensation for the submission of a document subscribed by the person concerned or the report of unsustainability shall be payable.
4. In the case of prison facilities, the full compensation shall be payable to the presentation of certification issued by the prison, accrediting of the action taken.
5. In the prior administrative (foreign and asylum) route, the full compensation shall be payable to the submission of the copy of the decision or administrative act involving the completion of the procedure.
