Law 1/1996, of 10 January, of Free Legal Assistance, has established a new system of free justice aimed at facilitating, to those who credit insufficient resources to litigate with their own means, the obtaining legal advice and the provision of the professional and material resources necessary to access the effective judicial protection of their legitimate rights and interests.

Law 1/1996 fully determines the material content of free legal assistance, as a set of benefits associated with the right referred to in Article 119 of the Constitution and defines the general rules to which the procedure for recognition must be subject to the procedure. It also establishes the general guidelines for the organization and operation of the services of legal assistance, defense and free representation, entrusting a fundamental part of its management to the Colleges of Lawyers and Attorneys and its General Councils, and lays the foundations for their financing from public funds.

But, by their very nature, the determinations of the Law of Free Legal Assistance are necessarily general and require, in order to make the new system of free access to the administration of justice fully effective, the complement and development of legal principles, rules and guidelines.

This Royal Decree is dictated by the habilitation conferred on the Government by the final provision of Law 1/1996, to approve the General Regulation of Free Legal Assistance, and its content contracts in the field of matters expressly stated in that provision. He has been informed by the General Council of the Judicial Branch 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 Minister of Justice, the Minister of the Interior and the Minister of Economy and Finance, with the approval of the Minister of Public Administrations, according to the State Council and the deliberation of the Council of Ministers at its meeting on 20 September 1996,

D I S P O N G O:

Single item.

The Free Legal Assistance Regulation is approved, the text of which is inserted below.

Additional disposition first.

1. In accordance with the provisions of the first provision of the Law on Legal Aid, the provisions of Articles 1, 3.1 and 7 (except paragraph f) of Chapter I of Articles 15, 17, 18.1 and 18.2 of the Chapter II, and in Articles 23, 24.1, 24.2, 26.2, 26.3 and 27.1 of Chapter III of the Free Legal Assistance Regulation, shall be of general application throughout the national territory.

2. The other provisions shall apply in the field of management of the Minister of Justice.

Additional provision second.

The application of the measures provided for in this Royal Decree, except for the perceptions of lawyers and prosecutors or, where appropriate, experts, will not entail an increase in expenditure.

First transient disposition.

Applications for legal aid submitted prior to the entry into force of Law 1/1996 will be governed by the regulations in force at the time the application is made.

Second transient disposition.

Until such time as the Order of the Minister of Justice establishing the minimum general training and specialization requirements necessary to provide the services of free legal assistance is established, they will be applicable. the conditions laid down pursuant to Article 6 of Royal Decree 108/1995 of 27 January 1995 on measures to implement the State subsidy for free legal aid.

Single repeal provision.

The Royal Decree 108/1995, of 27 January, is hereby repealed, as well as any provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

Final disposition first.

The Minister of Justice is hereby authorized to make, within the scope of his powers, the necessary provisions for the application of this Royal Decree.

Final disposition second.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on 20 September 1996.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

FREE LEGAL ASSISTANCE REGULATION

CHAPTER I

Rules for the organisation and operation of the Free Legal Assistance Committees

Article 1. Territorial scope.

1. In each provincial capital, in the cities of Ceuta and Melilla and in the islands of La Palma, El Hierro, La Gomera, Lanzarote, Fuerteventura, Menorca and Ibiza, a Commission of Free Legal Assistance will be set up.

2. The functions and powers of the Commissions shall be, within their respective territorial scope, those provided for in the Law on Legal Aid and in this Regulation.

Article 2. Delegations of the Free Legal Assistance Commissions.

1. 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 delegations of Commissions in whose composition officials of delegations of the Government or Civil Governments are integrated, as provided for in Article 3 (2) (b) of this Regulation, their creation shall be carried out on a joint proposal by the Ministers of Justice and Home Affairs.

2. The Royal Decree of the creation of the delegations will determine the territorial scope of the same and will determine its composition, in which the same institutions that make up the Commissions of Legal Assistance will be represented. Free.

3. The delegations, who 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 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 Free Legal Assistance Committees will be chaired by a member of the Prosecutor's Office, 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.

2. The following Vocals will also be part of the Commissions:

(a) A State Advocate, appointed by the Director-General of the State Legal Service.

(b) An official who holds a job whose performance corresponds to officials belonging to the Corps or Escalas of Group A, which shall be designated 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, among those assigned to the Ministry of Justice.

2. For the Commissions of the provinces of Badajoz and Toledo, as well as the cities of Ceuta and Melilla, the official will be appointed by the Government Delegate, among those destined for the respective Government Delegation.

3. For the Commissions of the other provinces, the official will be appointed by the Civil Governor, among those destined for the respective Civil Government.

4. For the commissions of the islands that are not provincial capital, the official will be appointed by the Government's Insular Delegate, among those destined for the Government's Insular Delegation.

(c) The Dean of the Bar of the Province, or the lawyer whom he designates.

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 Dean of these.

3. The functions of the Secretary of the Commissions shall correspond to the Vocal referred to in paragraph (b) of the previous paragraph.

4. In order to ensure the continuity of the work and the proper functioning of the Commissions, the institutions entrusted with the appointment shall also appoint an alternate for each member of the Commission, including the President. The members and alternates may act without distinction.

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 delegations of the Government or the Civil Governments. These bodies shall provide the administrative support and technical support necessary for its 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 courts 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 Bar Association 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 at least for a period of 15 days.

Article 7. Functions.

They are the functions of the Commissions, in the terms provided for in the Law of Free Legal Assistance, the following:

(a) Recognize or deny the right to free legal assistance, confirming or modifying, where appropriate, the decisions previously taken by the professional associations.

b) Revoke the right when the circumstances provided for in Article 19 of the Law on Legal Aid are met.

c) Carry out the checks and collect the information that throughout the processing of the requests for legal aid are deemed necessary and, in particular, require the corresponding tax administration confirmation of the accuracy of the tax data claimed by the applicants.

(d) to 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 the communications regarding the unsustainability of the pretense presented by the lawyers.

f) Monitor the actions of the Legal Guidance Services provided for in Article 21 of this Regulation and act as communication bodies with the professional associations, for the purpose of channelling complaints or complaints made as a result of actions related to the services of free legal assistance, in cases where such initiatives have not been directly addressed to the Colleges.

CHAPTER II

Procedure for the recognition of the right to free legal assistance

Article 8. Initiation.

The procedure for recognising the right to free legal assistance shall be initiated at the request of a party, through the submission of the standard application model and the documentation set out in Annex I to this Regulation.

The forms shall be provided in the judicial offices, in the Legal Guidance Services of the Bar and in the offices of the bodies referred to in Article 4 of this Regulation.

The Bar Association shall take the necessary measures to ensure that the professionals provide the printed matter to the interested parties and collect them from them.

Article 9. Submission of the application.

1. Applications for free legal assistance shall be filed with the Legal Guidance Services of the Bar of the place where the Court or Court is held to hear the main proceedings, or before the Court of Justice. 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.

Article 10. Sub-healing of deficiencies.

The Legal Guidance Services of the Bar Association will examine the documentation submitted, and if they appreciate that it is insufficient or that in the application there are deficiencies, they will grant the interested person a period of ten days For the healing of the warned defects.

After this deadline, the Bar Association will file the petition, notifying the Commission of the corresponding Free Legal Assistance.

Article 11. Provisional designations.

1. Analyzed the application, and subsones, if any, the defects warned, if the Bar will estimate that the petitioner meets the legally established requirements to obtain the right to legal aid, will proceed in the The period of 15 days provided for in the first paragraph of Article 15 of the Law of Free Legal Assistance to the provisional designation of attorney and will communicate it at the same time to the College of Attorneys so that, within three days (i) the following are appointed 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, if appropriate, communicated by the Attorney General's Office, will have a period of three days to transfer the entire file to the Commission of Free Legal Assistance. as the designations made, for the purposes 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. Reiteration of the application.

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 actions provided for in the two preceding Articles, the applicant, without prejudice to the provisions of Article 24 of this Regulation, may reiterate his application to the Commission of Free Legal Assistance.

2. The application has been repeated, the Commission will seek the immediate referral of the case together with a report on the request, while ordering the provisional designation of the lawyer and, if necessary, the case of the Ombudsman.

Article 14. Instruction of the procedure.

1. If the file is received by any of the routes listed in Articles 11, 12 and 13 of this Regulation, the Free Legal Assistance Commission shall have a period of 30 days to carry out the checks and obtain the information which it considers necessary to verify the accuracy and reality of the data declared by the applicant and to make a decision.

2. For the purposes set out in the previous paragraph, and in accordance with Article 17 of the Law on Legal Aid, the Commission may request the confirmation of the data from the tax authorities concerned. (a) a tax in the form of documentation of this nature submitted with the application, provided that it considers it essential for a decision to be taken.

The request for this information shall be made in writing signed by the Secretary of the Commission.

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 ten 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. Article 20 of the Law on Legal Aid is final and is established in Article 20 of the Law on Legal Aid.

4. The stage of instruction in the procedure for recognising the right to free legal aid will, in any case, be governed by the principles of speed and the rule of law.

Article 15. Resolution: Content and effects.

1. The Commission shall, in accordance with the relevant verifications, give a decision recognising or denying the right to free legal assistance.

In the case of a judgment, the Commission shall determine, where necessary in accordance with the Law on Legal Aid, which of the benefits which form part of the law are applicable to the applicant.

Also, for the purposes provided for in Article 6 (10) of the Law on Free Legal Assistance, where the applicant to whom the right is recognized credits income below the minimum interprofessional salary, make express mention of this circumstance in the resolution.

2. The judgment of the Court of First Instance shall include the confirmation of the designations of lawyer and, where appropriate, of the procurator, made provisionally by the Professional Colleges.

In the event that such designations have not been produced, the Commission of Free Legal Assistance will require immediately from the Colleges the appointment of the professionals who defend and, if necessary, represent the holder of the right.

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 16. Notification of the decision.

The decision of the Free Legal Assistance Commission will be notified within three days to the applicant, the Bar and, where appropriate, the College of Attorneys, as well as the interested parties, and communicate to the Court or Court that he is aware of the proceedings, or to the Judge Dean of the locality if he has not been initiated.

The notifications and communications shall be made by the Secretaries of the Free Legal Assistance Committees, through the bodies referred to in Article 4.1 of this Regulation.

Article 17. Absence of express resolution.

1. After the period of 30 days laid down in Article 14 without the Commission having expressly resolved the application, the decisions taken by the Bar and Bar Association shall be ratified. Procurators, with the stowage or desestimatoria effects that in each case correspond.

2. If the Colleges have not taken any decision as provided for in Article 13, the absence of an express decision by the Commission in time shall result in the request being deemed to be deemed to be deemed to have been made, at the request of the person concerned, Judge or Tribunal who knows about the proceedings, or the competent Judge Dean if the application was made prior to the initiation of the proceedings, to require the professional associations to appoint the lawyer and, where appropriate, the attorney general.

3. In the exceptional case referred to in Article 9 (2) of this Regulation, the absence of an express decision by the Commission within the time limit shall lead to the request being deemed to be rejected.

4. For the purposes set out in the preceding paragraphs, and in order to enable any challenge to be made against the presumed estimation or dismissal of the application, the provisions of Article 44 of the Law on Legal Conditions shall apply. Public administrations and the Common Administrative Procedure on the certification of alleged acts.

Article 18. Revocation of the right.

1. Where the circumstances provided for in the first paragraph of Article 19 of the Law on Legal Aid are given, the Commission shall declare the nullity of the judgment which recognised the right, in accordance with the terms laid down in Article 102 of the Law of the Legal Regime of Public Administrations and the Common Administrative Procedure and, consequently, it will revoke the right referred to.

2. The right to be revoked, who would have benefited from their grant, will pay all the fees and economic rights accrued by the designated professionals. In no case, however, will the attorney of the attorney be able to claim the payment of his fees.

3. In addition, those beneficiaries must reintegrate an amount equal to the cost of the other benefits obtained on the basis of that concession, and the competent authority may require such reimbursement by means of the The Administrative Board of the European Commission

CHAPTER III

Organization of free legal assistance, advocacy and representation services

Article 19. Collegial management of the services.

1. The Boards of Government of the Bar and Attorneys ' Colleges shall regulate and organize the services of legal and defense assistance and representation, guaranteeing, in any case, their continuity, taking into account the criteria of efficiency and functionality, objective and equitable distribution of the different shifts and means and, when the census of professionals permits, of specialization by jurisdictional orders.

2. The distribution systems of the different shifts and means for the appointment of the professional professionals will be public for all the students and will be able to be consulted by the applicants for free legal assistance.

Article 20. General guidelines.

The General Councils of Spanish Lawyers and the Colleges of Attorneys of the Courts of Spain will approve the general guidelines on the organization and operation of the services of free legal assistance, for ensure the effective implementation of the provisions of this Regulation. Such guidelines will be enforced for all Colleges.

Article 21. Legal Guidance Services.

1. Each Bar will necessarily have a Legal Guidance Service 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.

2. The Bar Association shall take the necessary measures to facilitate the access of citizens to the Legal Guidance Services and to adequately disseminate the location of their premises and their functions.

Article 22. Permanent guard shifts.

1. For the provision of the service of legal assistance to the detainee, all the Bar Association shall constitute a permanent duty shift, in the presence of a physical or a locatable presence of the lawyers, and at the disposal of that service during the twenty-four years. hours of the day.

2. This obligation may only be waived in the following cases:

(a) In those Colleges of Lawyers with territorial scope inferior to the provincial, in which the reduced dimension of their activities so advises.

(b) In the demarcations of the Provincial Bar Colleges in which their special geographical characteristics, or the situation and distances of the detention centers, make it necessary.

3. The exemption provided for in the previous paragraph shall be approved in each case by the Ministry of Justice, on a reasoned proposal from the General Council of Spanish Lawyers.

Article 23. Training and specialisation.

1. In accordance with the provisions of article 25 of the Law on Legal Assistance, the Ministry of Justice, prior to the report of the General Councils of the Spanish Lawyers and the Colleges of Attorneys of the Courts of Spain, lay down the minimum general training and specialisation requirements necessary for the provision of free legal assistance services, as well as those relating to prior professional experience.

2. These requirements, which may be supplemented by those laid down by the competent autonomous communities, shall be enforced for all professional colleges.

Article 24. 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 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 Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union

3. The handling of the compensation claims will be in line with the provisions of Royal Decree 429/1993 of 26 March, which approves the Rules of Procedure of the 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 procedure for the claim for compensation shall be initiated by application of the person concerned, who shall address and submit to the appropriate professional college.

(b) The final resolution, by agreeing or dismissing the compensation claimed, shall be adopted, after obtaining the opinion of the State Council, by the Governing Board of the respective College.

Article 25. Coordination between the Bar Association and the Attorney General's Office.

1. The recognition of the right to free legal assistance shall entail, except in the exceptional cases provided for in Article 28 of the Law on Legal Aid, the appointment of a lawyer and, where appropriate, a lawyer, the terms laid down in Article 15 (2) of this Regulation.

2. In each territorial area, the Bar Association and the Attorney General's Colleges will act in a coordinated manner to carry out the designations of attorney and procurator who proceed in each case, not being able to act at the same time as a lawyer trade and a freely elected prosecutor, or vice versa, unless the free-choice professional resigns in writing to receive his or her fees or duties to the holder of the right to legal aid and to the College in which he is registered.

3. At the time of the application of the right to legal aid, or once it has been recognised, the persons concerned may expressly waive the appointment of a lawyer and a public prosecutor, by appointing professionals from their confidence. Such resignation shall simultaneously affect the lawyer and the prosecutor.

4. For the purposes set out in the preceding paragraphs, the Bar and Attorneys ' Colleges shall take the necessary measures to ensure the effective and mutual communication of the resignations of the professionals to the collection of fees and charges. rights, and those of those interested in the designations of trade.

Article 26. Professional obligations.

1. Professionals who are enrolled in the services of free justice will develop their activity with freedom and independence of criteria, subject to the rules of ethics and the rules and guidelines that discipline the functioning of the services. Free justice collegials.

2. 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. In the case of the Court of Justice, the Court of Justice held that the Court of Justice held proceedings.

Only in the criminal order will the lawyers be able to excuse themselves from the defense, in the terms provided for in the second and third paragraphs of Article 31 of the Law of Free Legal Assistance.

3. For the provision of the service of legal assistance 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 27. Unsustainability of the pretense.

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, which is then dealt with in accordance with Articles 32 to 35 of the Law on Legal Aid.

2. For the purposes of the organisation of the shifts, the lawyer issuing the report of unsustainability shall maintain the same order of precedence as it was before his appointment, when the circumstances provided for in Article 34 of the Law of Free Legal Assistance.

3. All the Bar Association shall have a special register in which the files dealt with are to be recorded on the grounds of the claims made by the members of the Bar.

CHAPTER IV

Grant and supervision of free legal assistance services

Article 28. 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.

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 those who have obtained recognition of the right to free legal assistance.

2. The grants for grants shall be made semi-annually.

Article 29. Operating expenses and infrastructure.

1. The maximum amount of the grant which may be allocated by the Colleges and General Councils to cover the costs incurred in the operation of the services of free legal assistance, of the units responsible for the advisory and the orientation prior to the process to the citizens and the provisional qualification of the claims sought, shall in no case exceed 8 per 100 of the total appropriation entered in the budget for each financial year.

2. Each year, the Minister of Justice shall determine this amount, after consulting the General Council of the Spanish Advocate General and the General Council of the Courts of Attorneys of the Courts of Spain, and prior to the report of the Ministry of Economy and Finance.

3. The General Council of the Advocate General and the General Council of the Colleges of Attorneys shall distribute these funds among the Colleges, in accordance with the needs of the Colleges and taking into account the specific characteristics of each of them, the volume of cases, the territorial configuration of their demarcation, the distance from detention centres, the available means of communication, the urban configuration and any other factors which could affect the most efficient and immediate provision of services.

Article 30. 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 Colleges the amount of the grant corresponding to each one, depending on the number of actions professionals made and accredited by them before the aforementioned General Councils, during the semester immediately preceding that of each bookkeeping, and of the scales established in accordance with the provisions of Article 31 of the present Regulation.

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 31. Remuneration per scale.

1. The remuneration of the lawyers and procurators appointed ex officio shall be made in accordance with economic bases and compensation modules fixed in the light of the typology of procedures in which these professionals are involved.

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 of the Ministry of Economy and Finance, will determine, according to the budget allocations, the economic amount which, in consideration of its complexity, shall be allocated to each of the actions provided for in Annex II.

Article 32. Accrual of the compensation.

1. The lawyers and procurators appointed ex officio shall bear the compensation corresponding to their action in the percentages set out in Annex III to this Regulation, once they have provided evidence to their respective College of the intervention. professional. In duly justified exceptional circumstances, the Dean of each College may terminate a performance or subject, on the sole basis of the accrual of the remuneration.

2. In the case of the service of legal assistance to the detainee, the compensation shall be payable after the end of the professional intervention, either by taking part in a duty shift or by carrying out the assistance. individualised in those Colleges where, exceptionally, the system of guards is not implanted.

In the latter case, the daily remuneration of each lawyer for assistance, regardless of the number of those made, may not exceed twice the amount allocated, also per day, to each lawyer who is part of the guard in the Colleges that if they have it established.

3. Proceedings of a criminal procedure following the first declaration of the detainee or prisoner shall be considered to be included in the defence by trade, for the purposes of the accrual of the grant.

Article 33. Verification of the services provided.

Schools must verify the effective delivery of the services by the professionals, through the timely documentary justification that they will keep available to the respective General Councils and, if necessary, the Ministry of Justice.

Article 34. Procedure for the application of the grant.

1. Within the calendar month following the end of each semester, the General Council of the Spanish Advocate General and the General Council of the Colleges of Attorneys of the Courts of Spain will send to the Ministry of Justice a certification that contains the data relating to the number and class of actions carried out by each College during the previous six months, together with the justification of the total economic cost associated with them.

2. On the basis of those certificates, the Ministry of Justice shall then carry out the half-yearly bookings which it corresponds to, without prejudice to subsequent regularisations which may have been completed once the justification has been completed. Annual report on the following items.

Article 35. 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 These Schools.

The differences that may result from the accounts 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 36. Content of the annual justification.

1. The annual justification for the application of the funds received as referred to in the previous Article shall, in the case of the General Council of Spanish Advocate, include the following:

(a) The total number of legal assistance provided, as well as their distribution in each of the Colleges.

b) Total number of guard shifts performed in the Colleges.

(c) The amount distributed to each College to compensate for the provision of legal assistance or on-call duty, and the relationship by Colleges of the compensation received by each professional who has intervened in the provision of the service.

(d) Total number of cases of trade, as well as their distribution between each of the Colleges, broken down by type of procedure.

e) Quantity distributed to each College to compensate for the shift of office and relationship by the Colleges of the compensation received by each professional who has intervened in that one.

f) Amount intended to cover the costs of infrastructure and operational operation of the services of legal assistance and trade.

g) Relation of the quantities distributed to each College by the General Council, in order to cover 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 College.

h) Amount of accrued interest, if any, by the successive bookings and application of those.

i) Application of the training and specialisation requirements necessary to provide the services of free legal assistance.

2. The annual justification to be presented 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 of this Article.

Article 37. Separate accounting.

Both the General Council of the Spanish Bar and the Bar Association will have to account separately for the amounts paid to attend to the purposes referred to in the Law of Free Legal Assistance and in this Regulation.

Identical obligation will be for the General Council of the Courts of Attorneys of the Courts of Spain and the Colleges of Attorneys.

CHAPTER V

Free Expert Assistance

Article 38. Payment of fees.

1. The payment of the fees accrued by the professionals referred to in the second paragraph of Article 6. º-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 sometimes 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 will come to better fortune.

In order to make this obligation effective, the procedure referred to in Article 18 (3) of this Regulation shall apply.

Article 39. Economic cost of the expert evidence.

1. Prior to the performance of the expert test, the appointed private technician as provided for in the second paragraph of Article 6 (6) of the Free Legal Assistance Act 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) The time required for the realization of the skill and the valuation of the cost per hour.

b) Expenses necessary for their realization.

c) A copy of the court judgment that resulted in the conduct of the test.

The initial estimate of the cost will be automatically approved if within one month, since its referral, the Territorial Management has no qualms about its quantification.

2. The amount of fees shall be adjusted to the economic cost forecast, approved in accordance with the provisions of the previous paragraph. For their accrual, the professional will also contribute documents that credit the recognition of the right to legal aid of the one who urged the expert proof and pronouncement of the judicial body on the costs generated by the process.

ANNEX I

Normalized request model

REQUEST FOR FREE LEGAL ASSISTANCE

In order to prove the concurrence of the legal requirements for the recognition of the right of free justice I declare that the data relating below are true, complete and without any omission, by pretending to be litigated for their own rights.

1. Personal data (1):

A) Declarant:

First Name: First Name: Second Last Name: Tax ID Number: Home: Calle-Square: Town: Municipality: Province: Telephone: Date of birth: State of the Union (2): Economic and marital regime: Profession:

B) Spouse:

First Name: First Name: Second Last Name: Tax Identification Number: Home (3): Calle-Plaza: Town: Municipality: Province: Telephone: Date of birth: State: Profession:

C) Family members who live with the declarant:

Parentage: Name: First Last Name: Second Last Name: Date of Birth:

2. Economic data:

A) Annual income per household unit:

Source (4): Gross Amount: Judicial Retention: Concept (5):

B) Real Estate Properties:

Source (4): Type (6): Valuation (7): Cargas (8):

C) Furniture properties:

Source (4): Type (9): Rating (10):

D) Other goods:

Source (4): Rating: Description:

3. Other data of interest (11):

4. Claim to defend:

Situation in which the process is located (12):

Tests you can contribute:

Name, last name and address of the contrary (s):

Other procedural aspects of interest (13):

STATED THAT:

1. This application does not suspend the course of the process itself, and must personally ask the court to suspend the course of any period that could cause me to be defenseless or precluding.

2. My personal data will be included in an automated file for the purposes of the recognition of the right, with the information being the Commission of Legal Assistance and the Ministry of Justice.

3. The dismissal of my claim by the Free Legal Assistance Commission will involve, where appropriate, the payment of fees and economic rights caused by the intervention of the designated professionals provisional.

4. The erroneous, false or hidden declaration of relevant data shall entail the revocation of the recognition of the right, giving rise to the obligation to pay the benefits obtained, without prejudice to the responsibilities of another corresponding order.

(Place, date, and signature.)

5. Accompanying documentation (check with an x):

Photocopy of the national identity card or passport.

Photocopy of the residence card, in the case of being a foreigner.

Certificate of liquidation of the Income Tax of the Physical Persons and of the Heritage (14), or of the Corporation Tax.

Photocopy of the declaration of public utility or registration in the Register of Foundations, in the case of legal persons.

Photocopy of the circulation permit or certificate of the Provincial Traffic Headquarters (15).

Certificate of external signs of the City Hall where the address is located.

Photocopy of the family book.

Certificate of registration.

A company certificate of salary concepts.

Certificate of the National Institute of Employment of the period of unemployment and the perception of subsidies.

Photocopy of the lease of the usual dwelling or, if applicable, copy of the monthly receipt.

Photocopy property titles real estate.

Certificate of values.

Other (16).

Instructions for completing the form

(1) In the case of legal persons, complete only paragraph 1-A, indicating name and registered office, telephone number, tax identification number and date of incorporation.

(2) If you are married, please fill in 1-B.

(3) If it is the same as the declarant, leave it blank.

(4) Declarant, spouse, children, other relatives, etc.

(5) Salaries, pensions for retirement or invalidity, low for temporary incapacity for work, dividends of shares or obligations, rent for leases, scholarships, etc.

(6) Housing that serves as its domicile, other homes, farms, solar, garage, commercial premises, auction houses, industrial pavilions, etc.

(7) Market value, scriptural value or cadastral value.

(8) Hypotecs or credits that tax that good.

(9) Motorcycles, boats, yachts, jewelry, etc. In case of tourism and motorcycles make brand and model.

(10) Market value. In case of motor vehicles, place the registration plate.

(11) Those data that are not incardinable in previous sections of transcendence in their family economy. Examples: Declarant or family members with great disabilities declared or demonstrable, state of health, obligations that weigh on the declarant, cost of the process, etc.

(12) Indicate whether the process has not yet been initiated, or at what stage it is, as well as the procedural instance in question.

(13) Consignate any other data related to the process that may be of interest and, especially, if there are conflicting family interests or if there is a concurrence of litigants.

(14) Corresponding to all members of the family unit.

(15) Only in case of traffic safety offences.

(16) Describe the document you provide.

ANNEX II

Economic compensation modules and bases

Pesetas

LAWYERS

Assistance to the detainee or inmate

Ordinary Assistance to Stopped/9,000

Help Desk/19,000

Criminal Jurisdiction

Proceedings with Jury Court/50,000

General Criminal Procedure/45,000 Abbreviated Procedure/27,000

Minors/18,000

Prison surveillance files/18,000

Trial of fouls/10,000

Abbreviated procedure with displacement for oral/31,000 trial attendance

Civil jurisdiction

Greater/40,000

Other contentious procedures/24,000

Full family procedure (including nullity)/32,000

Mutual agreement/19,000

Interim Measures/10,000

Administrative-administrative jurisdiction

Administrative-litigation resource (including administrative path)/30,000

Social Jurisdiction

Full Procedure/20,000

supplication facility/10,000

Military Jurisdiction

Sumial Phase/15,000

Oral judgment phase/15,000

Appeal

Appeal/35,000

Appeal when not formalized and there is only ad/3,000

Amparo Resource

Amparo/35,000 Resource

Appeal Resource

Appeal/15,000

General rules

Extrajudicial transactions: 75 per 100 of the amount applicable to the procedure:

Reasoned Report of Insustainability of Pretense/4,000

PROCURATORS

Compensation for each procedure/2,300

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 the family, to the filing of the copy of the provision of admission of application or having the answer of the same.

b) In civil appeals, to the presentation of the copy of providence admitting to the procedure the appeal or, if necessary, 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 judicial decision having by formalized or challenged the appeal or the pointing for the view.

e) In the other proceedings, to the presentation of the copy of the judicial diligence accreditative of the intervention of the lawyer, or procurator of the Courts.

f) In the resources of the appeal formalized, 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 to the College, based on the infeasibility of the appeal. 2. The remaining 30 per 100 of the cases from the case, to the presentation of the copy of the judgment or resolution that puts an end to the instance.

3. In the case of out-of-court transactions and the report of unsustainability of the claim, the entire amount of compensation corresponding to the presentation of a document subscribed by the person concerned or the report of unsustainability shall be payable.