Article 21: Procedure for delivery of secondary legal aid for the defendant without sufficient financial means
In the case the request for secondary legal aid is filed by the defendant without sufficient financial means, the proceeding body that commences investigation shall immediately examine whether the criteria stipulated in Article 12 of this law are fulfilled.
If the proceeding body that commences investigation values that the criteria are fulfilled, it shall immediately appoint a defence lawyer from the list of advocates for the delivery of secondary legal aid, and shall immediately inform the person to whom secondary legal aid has been granted, as well as the defence lawyer that has been appointed.
The decision for accepting or dismissing the request for secondary legal aid shall be reasoned and shall be communicated to the applicant and the Directorate for Free-of-Charge Legal Aid.
The applicant may object against the decision of the proceeding body for dismissing the request for secondary legal aid, with a lawsuit at the criminal court of first instance, competent for examination of the trial on the merits, within 5 days from the receipt of notice on this decision.
The court shall examine the case with one judge, in accordance with the rules foreseen in the procedural legislation, within 15 days from registration of the case. Against this decision shall be allowed special appeal at the court of appeal within 5 days from the receipt of notice. The court of appeal shall examine the appeal in consultation chamber within 10 days from the date of receipt of acts.
The High Prosecutorial Council shall approve the rules and procedures to be followed by the proceeding body that commences investigation in the appointment on the basis of the principle of rotation of the defence lawyer and his substitution from the list of advocates that offer the services of secondary legal aid in the criminal process.
Detailed rules in connection with the guarantee of obligatory defence from the institutions foreseen in this law, according to the provisions of the Criminal Procedure Code shall be approved by the High Prosecutorial Council.
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