The procedure to make effective the economic contribution of the State intended to compensate the provision of the services of legal assistance to the detainee and of the professional performance of the lawyers in the cases of justice It is regulated in Royal Decree 118/1986 of 24 January.

This procedure has allowed, in the first few years since its implementation, to make progress in the practical realization of the right to effective judicial protection of the legitimate rights and interests of those who lack economic resources. However, certain circumstances which have been expressed since then advise the review of the measures referred to in that provision.

in fact, the progressive increase in budget allocations to support the legal aid to the detainee and the shift of office, the parallel increase in the actions and procedures under the system of free legal aid and the inadequacy of the mechanisms designed to verify the proper allocation of public resources, require the establishment of a new regulation of the procedure for the application of the grant, with the the purpose of increasing the quality and effectiveness of the advisory, defence and free legal representation.

The present Royal Decree, which has been informed by the General Council of the Judiciary, is therefore intended to establish a new subvencional procedure, without conditioning further legislative initiatives aimed at reviewing with a general nature, the system of access for citizens to free justice.

In its virtue, on the proposal of the Ministers of Justice and Home Affairs and of the Economy and Finance, in agreement with the Council of State, after deliberation of the Council of Ministers at its meeting of the day 27 January 1995,

D I S P O N G O:

CHAPTER I

General provisions

Article 1.

The Ministry of Justice and Home Affairs, within the budget appropriations, will compensate economically for the actions corresponding to the defense and representation in turn of trade and the legal assistance to the detainee. as the expenses of its infrastructure and management, in accordance with the provisions of this Royal Decree.

This economic contribution will be made through grants, through the General Council of the Spanish Lawyers and the Lawyers ' Colleges, and the General Council of the Courts of Attorneys of the Spanish and Spanish Courts. the Colleges of Attorneys.

The grants from the grants will be made semi-annually.

Article 2.

The General Council of Spanish Lawyers and the General Council of the Illustrious Colleges of Attorneys of the Courts of Spain will distribute among the Colleges the amount corresponding to each one, according to the number of professional actions carried out and accredited by the respective General Councils, during the six-month period immediately preceding the one for each bookkeeping, and of the scales established in accordance with the provisions of Article 19 of the present Royal Decree.

The General Councils and the Colleges, as partners for the distribution of the grant, are subject to the rules and obligations set out in the General Budget Law that apply to them.

Article 3.

For the purposes of this Royal Decree it is understood by acting of the turn of trade the defense and representation, in any of the orders and courts, of those who have the right to litigate free, and of those who do not appoint a lawyer and prosecutor in those proceedings in which the intervention of the latter is inexcusable.

It is understood by legal assistance to the detainee or prisoner, the preceptively borrowed to which he would not have designated a lawyer for any police diligence that is not the consequence of an ongoing criminal procedure, for his first a declaration before a court or tribunal, or where it is carried out by means of judicial assistance, and the detainee or prisoner has not appointed a lawyer in the place where he or she is to be provided.

The proceedings of a criminal procedure following the first statement of the detainee or prisoner shall be considered to be included in the defence by trade, if they fulfil the conditions laid down in the first paragraph of this Article. Article.

CHAPTER II

Organization of Free Justice Services

Article 4.

The Ministry of Justice and Interior will ensure the proper functioning of the services of free legal assistance managed by the General Councils and Professional Colleges, in the terms provided for in this Royal Decree.

Article 5.

The General Councils of the Spanish Lawyers and the Courts of Attorneys of the Courts of Spain and their respective Colleges will regulate and organize, through their Government Boards, the services of legal assistance and free defence and representation, ensuring in any event their continuity, in accordance with criteria of efficiency and functionality, of objective and equitable distribution of the different shifts and means and, where the census of professionals so permits, of specialization by jurisdictional orders.

Article 6.

The conditions of access of professionals to services of free legal assistance shall be regulated by the General Council of the Attorney General and the General Council of the Colleges of Attorneys, with a general character to all professional colleges. Those rules, which shall contain accredited minimum training in which the previous professional experience may be included, shall be communicated to the Secretariat of State of Justice.

Article 7.

For the provision of the legal assistance service to the detainee, all Bar Colleges shall constitute a permanent duty shift, of physical or localized presence, except in those Colleges or demarcations. (a) a territorial dimension in which, due to its reduced size or other relevant circumstances, its immunity from the General Council of the Advocate is advisable.

In the Colleges in which no such shift is applied, the daily remuneration of each lawyer for assistance, whatever the number of such assistance, may not exceed twice the amount allocated, also per day, to each lawyer. to be part of the duty shift in the Colleges which if they have established it.

Article 8.

Each Bar Association will have a Legal Guidance Service that will assume, in addition to the functions assigned to it by the Board of Government, the advice prior to the applicants of the trade shift, the information on the compliance with the requirements for their granting and the aid in the drafting of the corresponding standard forms.

CHAPTER III

Designation of attorney and attorney general of office

Article 9.

The Bar Association, through its Government Boards, will carry out the appointments of the professionals in charge of the services of the office of trade, subject to the procedural rules and in accordance with the provisions of the the following items.

Article 10.

1. Where the petitioner accredits the judicial recognition of the right to litigate free of charge, the Bar Association shall immediately appoint the lawyer in accordance with the applicable law in accordance with the court order before which the lawyer is to be treated. procedure.

2. For the appointment of a lawyer to the office of the accused or subject to a criminal procedure, the provisions of Articles 118, 128 and concordant of the Law on Criminal Procedure shall be established.

The appointed lawyer shall, where appropriate, provide proof that the relevant part of the civil liability has been processed in order to be entitled to the recovery of the entire amount established for the matter in question.

Article 11.

In the cases not provided for in the previous article, before the appointment of a lawyer, the Colleges will require those who request it to be accredited to comply with the legal requirements for obtaining the the right to free access to justice, in accordance with the provisions of the procedural laws and in accordance with the standard model of application set out in Annex I to this Royal Decree, which will be provided in the judicial and judicial offices Legal Guidance Services.

Applications for the appointment of a lawyer by the office of office, with the required documentation, shall be filed in the Courts and Courts or in the Legal Guidance Services of the Bar Association. In the latter case, the Legal Guidance Services will transfer the application to the relevant judicial body if the process has already been initiated.

If the request is justified, the College will proceed to the appointment of a lawyer by office, notifying the court that it required it and the applicant. The designated lawyer shall promote in such a case the judicial recognition of the right to litigate free of charge.

Article 12.

If the Bar Association considers, on the contrary, that the applicant does not meet the necessary conditions for access to legal aid, it shall issue an opinion to that effect, which shall be communicated to the Court or Tribunal. and the person concerned, with a warning to the person concerned that, if a decision is not in favour of his request for recognition of the benefit of free justice, the fees and duties of lawyer and prosecutor and other expenses which are the procedure shall be borne by your account.

When, in spite of the contrary collegial opinion, the person concerned maintained his initial claim and did not exercise his right of free choice of lawyer, the Colleges would proceed to the appointment of a professional lawyer whenever the body The Court of Justice 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 Union is required to pay the professional fees of the lawyer and the prosecutor.

Article 13.

The system provided for in the foregoing articles shall also apply to the designations of the professionals responsible for the services of the duty of trade carried out by the Colleges of Attorneys, without prejudice to their Own specialties.

Article 14.

The Judicial Secretaries shall notify the Ministry of Justice and the Interior and the Bar and Attorneys ' Colleges of the judicial decisions under which the right to litigate free of charge shall be refused, as well as the the costs of the proceedings in which, having intervened professionally appointed, the fees, duties and charges actually received are included.

Article 15.

The Lawyers 'and Attorneys' Colleges shall record the requests for designation made by the judicial organs or detention centers that correspond to the specifications necessary for each case to be the body that requests them, the cause or action referred to, the petitioners ' documented statements, the dates of application and designation, the identification of the designated professionals and the circumstances for the designation, in particular those relating to resignations or those which justify the non-provision of the service.

CHAPTER IV

Rights and obligations of professional appointed professionals

Article 16.

The appointment of attorney and attorney general for the office of office implies, except in the cases expressly provided for in the law, the obligation to perform the actions entrusted to the end of the proceedings in the case in question and, where appropriate, the execution of the judgments, if the proceedings in the case were to be carried out within two years of the judgment given in the case.

Whenever the right to litigate is requested and obtained free of charge through the corresponding procedure, the defense and representation must necessarily be assigned to a lawyer and a duty attorney. ex officio, the claim to litigate by means of a freely elected lawyer and an attorney general or vice versa, unless the professional of free choice expressly renounces, before the client and before the College in which he is find, to receive your fees.

Article 17.

Where the party fails to obtain judicial recognition of the right to litigate free of charge, professional designated professionals shall be entitled to charge their fees and rights of the person concerned from the moment they perform any professional action and, where appropriate, the obligation to reintegrate into the Colleges what is perceived by them as such.

The Lawyers and Attorneys ' Colleges shall ensure that the provisions of the preceding paragraph are complied with.

CHAPTER V

Claims for the operation of collegiate services

Article 18.

The Ministry of Justice and Home Affairs will transfer to the Lawyers and Attorneys ' Colleges concerned or, where appropriate, the competent judicial bodies of complaints or complaints received in respect of any activity Professional development in the office of trade.

Schools shall be required to communicate to the General Secretariat of Justice the resolution of the relapse in the information or file to be initiated.

CHAPTER VI

Economic Compensation and Infrastructure Expenses

Article 19.

1. The remuneration of the trade-designated professionals 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 modules and reference economic bases, applicable during the year 1995, will be those that are determined in Annex II of this Royal Decree.

2. For successive years, the Minister of Justice and Home Affairs, after consulting the General Council of the Spanish Advocate General and the General Council of the Colleges of Attorneys of the Courts of Spain and prior to the report of the Ministry of Economy and Finance, determine, on the basis of the budget allocations, the economic amount which, in the light of its complexity, shall be allocated to each of the actions referred to in Annex II.

Article 20.

1. The Minister for Justice and Home Affairs, acting in accordance with the same procedure and conditions laid down in paragraph 2 of the foregoing Article, shall determine the amount of the subsidy which may be allocated by the Colleges and General Councils to the expenditure on the organisation, administration and collegial management of the services of legal assistance to the detainee and free defence and representation, as well as the role attributed to the Legal Guidance Service by this Royal Decree in relation to the free legal protection. The amount allocated for this purpose shall not exceed 8 per 100 of the total appropriation entered in the budget for each financial year.

2. The General Council of the Advocate General and the General Council of the Colleges of Attorneys shall distribute those 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 21.

Lawyers and procurators shall bear the compensation corresponding to their performance in the office of trade referred to in this Royal Decree, in the percentages set out in Annex III, once they have been documented. In the case of the College, the professional intervention. 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.

In the case of legal assistance to the detainee, the compensation shall be payable upon completion of the professional intervention, either by participation in a duty shift or by the performance of the assistance in question. those areas where the system of guards is not in place.

The General Councils and the Colleges will have to verify the effective delivery of the services through the timely documentary justification that they will keep available to the respective General Councils and, where appropriate, the Ministry of Justice and Home Affairs.

CHAPTER VII

Justification for the application of the grant

Article 22.

Within the first four months of each year, the General Councils of the Spanish Advocate General and the Courts of Attorneys of the Courts of Spain will justify to the Ministry of Justice and Interior the application of the grant received during the period immediately preceding the year. If such an obligation is not fulfilled, successive bookings may be suspended until the account is given. In the event that the justified account is incomplete due to delay or omission of any Bar or Procurator, the successive bookies will be returned an amount equal to the last distributed by the General Councils to such Lawyers 'or Attorneys' schools.

The differences that may result from the bookings to account shall be regulated once the justification procedure provided for in the preceding paragraph has been completed.

Article 23.

The justification for the application of the received funds referred to in the previous article shall comprise the following:

(a) The total number of legal assistance provided throughout the national territory, 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, broken down by type of procedure, both at national level and in each Bar and Procurator.

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 the operation of the services of legal assistance and trade.

g) Relation of the quantities distributed to each College by the General Councils, in order to meet the costs of organization, infrastructure and operation and detail of the implementation of each College.

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

i) a separate, detailed and documented relationship between the cases in which the appointment of a professional on his own office has been mediated, in the cases referred to in Article 13 of this Royal Decree.

Article 24.

1. Both the General Council of the Spanish Advocate General and the Bar Association will have to enter into a separate account, under the title "General Council of the Spanish Advocate" or " Bar Association of ..... (locality) "and" State contribution to indemnify the lawyers in turn of trade and legal assistance to the detainee ", the amounts freed to serve the purposes referred to in this Royal Decree.

Identical obligation shall be the responsibility of the General Council of the Courts of Attorneys of the Courts of Spain and the Colleges of Attorneys, in this case the titles of the accounts " General Council of the Colleges of Prosecutors of the Courts of Spain "or" Colegio de Procuradores de ..... (locality) "and" State contribution to compensate the procurators on their own office ".

2. The accrued interest, where appropriate, shall be applied to the operating costs of the services.

Article 25.

The General Council of Spanish Lawyers and the General Council of the Courts of Attorneys of the Courts of Spain will send, within the first quarter of each year, to the Ministry of Justice and Interior a memory on the operation of the services of legal assistance and trade during the previous year.

Single additional disposition.

This Royal Decree shall not be directly applicable in the territory of the Autonomous Communities which have assumed powers in matters of financing of legal assistance to the detainee or prisoner and of the defence or representation free.

Single repeal provision.

The Royal Decree 118/1986 of 24 January, as well as all the provisions of equal or lower rank, are hereby opposed to the provisions of this Royal Decree.

Final disposition first.

The Minister of Justice and Home Affairs is hereby authorized to make the necessary provisions for the implementation 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 January 27, 1995.

JOHN CARLOS R.

The Minister of the Presidency,

Alfredo Perez Rubalcaba

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.

(Before you complete read the instructions.)

1. PERSONAL DATA:

A) Declarant:

Name:

First Last Name:

Second Last Name:

Tax Identification Number:

Address: Calle-plaza:

Location: Municipality:

Province:

Phone:

Date of birth:

marital status (1): Marriage economic regime:

Profession:

B) Spouse:

Name:

First Last Name:

Second Last Name:

Tax Identification Number:

Home (2): Calle-plaza:

Location: Municipality:

Province:

Phone:

Date of birth:

Civil Status:

Profession:

C) Family members who live with the declarant:

Parentage/Name/First

last name/Second

last name/Date

birth

2. ECONOMIC DATA:

A) Annual income per household unit:

Source (3)/Gross Amount/Retention

judicial/Concept (4)

B) Real Estate Properties:

Source (3)/Type (5)/Valuation (6)/Cargas (7)

C) Furniture properties:

Source (3)/Type (8)/Valuation (9)

D) Other goods:

Source (3)/Valuation/Description

3. OTHER INTERES DATA (10):

4. CLAIM TO DEFEND:

Tests you can contribute:

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

5. ACCOMPANYING DOCUMENTATION (check with an x):

A) Required:

IRPF and Heritage Settlement Certificate (11).

Photocopy of the movement permit or certificate of the Provincial Traffic Headquarters (12).

B) Optional:

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.

INEM certificate of period of unemployment and 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 (13).

Instructions for completing the form

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

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

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

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

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

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

(7) Hypotecs or credits that tax that good.

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

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

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

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

(12) Only in case of traffic safety offences.

(13) Describe the document you provide.

ANNEX II

Economic compensation modules and bases

Baros for the year 1995

Pesetas

LAWYERS

Assistance to the detainee or inmate

Ordinary Assistance to Stopped/9,000

Help Desk/19,000

Criminal Jurisdiction

General criminal procedure/35,000

Abbreviated procedure/25,000

Appeals/10,000

Minors/17,000

Prison surveillance files/17,000

Trial of fouls/10,000

Displacement to Criminal Courts of Letters from other judicial parties to oral trial, on instance or on appeal, will increase the baremo at/5,000

Civil jurisdiction

Greater/30,000

Other contentious/22,000 procedures

Full Family/30,000 Procedure

Mutual agreement/17,000

Interim Measures/10,000

Civil Appeals/10,000

Litigation-Administrative Jurisdiction-Administrative Dispute/25,000 Jurisdiction

Social Jurisdiction

Full/15,000 procedure

supplication facility/10,000

Military Jurisdiction

Full Procedure/25,000

Appeals/10,000

Appeal

Appeal/30,000

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

Amparo Resource

Amparo/30,000 Resource

General rules

Free Justice/3,000

Extra-judicial transactions: 75 per 100 of the amount applicable to the procedure.

Reasoned Report of Insustainability of Pretense/3,000

PROCURATORS

Compensation for each procedure/2,100

ANNEX III

Grant accrual time

Lawyers and procurators shall bear the subsidy 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 to it.

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 the 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 matters coming, to the filing of the copy of the judgment or resolution that puts an end to the instance.

3. In the cases of free justice, out-of-court transactions and the report of unsustainability of the claim, the entire grant corresponding to the presentation of a document signed by the beneficiary of the justice system shall be payable. free of charge or the report of unsustainability.