ON STATE GUARANTEED LEGAL AID   |   111 / 2017

Article 24: Delivery of secondary legal aid by advocates

  1. Advocates that deliver secondary legal aid services shall fulfil these criteria:

a) have applied with the National Chamber of Advocacy and have been put by the National Chamber of Advocacy on the list of advocates who deliver secondary legal aid;

b) have concluded a yearly service contract with the Directorate for Free-of-Charge Legal Aid;

c) have been appointed for the delivery of secondary legal aid services by the proceeding body or the local chamber of advocacy;

รง) have specialised in fields of law, when specialisation is necessary, as in the case of representation of minors, of victims and in other cases provided for by law.

  1. In case of approval of the request for secondary legal aid, shall be acted according to the following rules:

a) The local chamber of advocacy shall appoint an advocate from the list of advocates for the delivery of secondary legal aid services according to the principle of rotation.

b) The local chamber of advocacy shall forward the decision of the competent court, together with its decision on the appointment of the advocate, to the latter and to the person to whom the request for secondary legal aid has been granted.

  1. The provisions of paragraph 2 of this article shall not be applied in the case when the request for secondary legal aid has been presented by the defendant without sufficient financial means to the proceeding body that commenced investigation.
  2. The appointed advocate, immediately after being acquainted with the decision of the competent court and the decision of the local chamber of advocacy or the decision of proceeding body on his appointment as an advocate for the delivery of secondary legal aid, shall enter into contact with the person to whom secondary legal aid has been granted and shall start with the delivery of the requested services.
  3. The appointed advocate shall be replaced by another advocate from the list of advocates for the delivery of secondary legal aid services, only in case a conflict of interest is detected between the advocate and the person to whom the request for secondary legal aid has been approved.
  4. A decision of the replacement of the appointed advocate by another advocate from the list of advocates for the delivery of secondary legal aid services shall be taken from:

a) the proceeding body in case the advocate to be replaced was appointed by this body;

b) the local chamber of advocacy, in case the advocate to be replaced was appointed by it.

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