Lag (1988:609) If Counsel

Original Language Title: Lag (1988:609) om målsägandebiträde

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§ 1 When an investigation has been started or resumed shall

a special counsel for the plaintiff (counsel)

be appointed in case if

1. the offences referred to in Chapter 6. the criminal code, unless it is clear

that the plaintiff has no need of such assistance,

2. offences under 3 or 4 Cape. the Penal Code, on which

imprisonment may follow, or in accordance with Chapter 8. 5 or 6 §

Criminal Code or attempt, preparation or conspiracy to commit

such crimes, if, having regard to the plaintiff's personal

relation to the suspect or other circumstances,

It is assumed that the litigant in need of such assistance,

3. other crimes in which imprisonment may follow, if it

to the plaintiff's personal and other

circumstances can be assumed that the injured party has a particular

urgent need of such assistance.

Counsel may be appointed in the higher court, if the Prosecutor

or the accused has appealed the judgment in the liability portion.

Law (2012:660).

section 2 of the counsel shall not be appointed since the Prosecutor has decided to

public prosecution shall not be instituted or that such prosecution shall be closed.

Act (1994:59).

paragraph 3 of the plaintiff's counsel must take to be plaintiff's interests in the case

and provide support and assistance to the victim.

Plaintiff's counsel shall advise the plaintiff to bring an action for individual

claims in respect of the offence, if this is not done by the Prosecutor. Plaintiff-

counsel's task remains even if the action has been separated according to Chapter 22. § 5 right-

transition beam to be dealt with as a special case under the rules of civil,

unless proceedings are dealt with in accordance with Chapter 1. 3 d § code of judicial procedure. Plaintiff-

counsel's task also remain on District Court ruling be appealed only in

ask if the civil claim. Act (1994:59).

section 4 of the counsel appointed at the request of the victim or when

otherwise it is necessary to apply At the section 26 of the writ.

first subparagraph, legal aid Act (1996:000).

In the case of a change of counsel and the right to such assistance to

put another in his place shall apply section 26 of the second and third

subparagraphs Act.

Plaintiff's counsel shall be dismissed, if appropriate in the light

to the conditions of the case or if there are reasons for it.

Otherwise apply in respect of counsel for the trial bar

rules on legal assistance. Law (1996:1644).

5 § Plaintiff counsel is entitled to compensation in accordance with the

as according to section 27 of the legal aid Act (1996:000) applies for assistance at

legal aid. In the case of remuneration also applies to 29, 43, and 47 § §

legal aid Act. Law (1996:1644).

section 6, If a counsel is appointed, the plaintiff's

then the upcoming costs of evidence and investigation with

cause of civil action to the same extent as if the

plaintiff legal aid has been granted in respect of such actions.

In the case where plaintiff's counsel's task remains under other

paragraph, the plaintiff has the right to reimbursement of public funds

travel and subsistence expenses in connection with appearance before

Court rules Government Announces.

Law (1996:1644).

paragraph 7 of Decision in matters referred to in this law shall be taken by the right. In the

cases referred to in paragraph 6 may, however, plaintiff's counsel, at the discretion of

investigation to the same extent as under section 17 of the Act

(1996:000) applies for assistance with legal aid. Law (1996:1644).

7 a § If an investigation has been resumed under chapter 58. 6

(a) of the code of judicial procedure, a request for

the appointment of a counsel shall be made to the Court that

According to chapter 58. 4 of the code of judicial procedure is authorized

examining the application for revision. Law (2012:660).

section 8 rules of 31. and 58. 8 and 8 (a) §§

the code of judicial procedure on the obligation of the defendant or any

other that to state refund costs for defenders

According to the decision of the Court has been paid by public funds case

also in terms of costs for counsel. In the case where

plaintiff's counsel's information remains under other

the paragraph applies to these costs, the provisions of chapter 18.

the code of judicial procedure concerning responsibilities of counterparty's legal costs.

Law (2012:660).

Transitional provisions


1. this law shall enter into force on 1 January 1991.

2. Have a counsel appointed prior to the entry into force is applied

not 49 c § Act (1972:429).

3. Has the Court prior to the entry into force announced decisions on compensation

to counsel does not apply paragraph 49

legal aid Act.


1. this law shall enter into force on 1 december 1997.

2. Older rules still apply if counsel

appointed prior to the entry into force.

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