ON STATE GUARANTEED LEGAL AID   |   111 / 2017

Article 17: The request and procedure for delivery of primary legal aid

  1. The request for delivery of primary legal aid shall be made orally or in writing by the interested person to a primary legal aid service centre or an authorised not-for-profit organization.
  2. The person requesting to benefit primary legal aid in accordance with paragraph 1 of this article, shall sign a self-declaration that he/she satisfies the criteria defined in this law, in accordance of the self-declaration form approved by the Minister of Justice, accompanied with the justifying documentation. The list of documents that shall serve for certification of fulfilment of criteria shall be defined by order of the Minister of Justice.
  3. Primary legal aid is delivered immediately upon request. In case immediate primary legal aid service delivery is impossible, the person shall immediately be informed on the date and time of the delivery of the requested service.
  4. A person shall be entitled to delivery of primary legal aid services on the same issue or case only once, except for instances when new relevant circumstances justify the delivery of further primary legal aid services to the same person, on the same issue or case.
  5. In case that in the course of delivery of primary legal aid services, a conflict of interest is detected, this service shall be interrupted immediately. In case where primary legal aid is provided by a primary legal aid service centre, the case is dealt with in accordance with the provisions of the Code of Administrative Procedures for the avoidance of conflict of interest. In the case of primary legal aid provided by an authorised non-profit organization, the latter shall take measures to avoid the conflict of interest in accordance with legal provisions in force, by ensuring the delivery of primary legal aid services to the applicant.
  6. If it becomes evident in the course of delivery of primary legal aid services that the need for delivery of secondary legal aid services exists, the person shall immediately be informed for the conditions of award of secondary legal aid and shall be assisted in completing a request for the delivery of secondary legal aid. 
  1. During delivery of primary legal aid services shall be kept a record which shall contain:

a) name, surname and personal identification number of the applicant; 

b) domicile address, contact data, family status, employment status of the applicant;

c) short description of the issue or case for which primary legal aid services have been requested;

ç) if applicable, length of the meeting or meetings;

d) short description of the delivery of primary legal aid services and outcome of this delivery.

dh) declaration that the applicant has not benefitted prior primary legal aid for the same problem or issue;

e) other data in accordance of the format approved by the Minister of Justice.

  1. The storage and processing of personal data of applicants for primary legal aid services shall be made in compliance with the provisions of the law for the protection of personal data.

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