KOMENTARI ELEKTRONIK
ON STATE GUARANTEED LEGAL AID   |   111 / 2017

Article 31: Cases of reimbursement of benefits

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  1. In case that a person, to whom has been accepted the request for secondary legal aid and/or the exemption from court fees and costs, has had his circumstances changed in such a way that he/she does not fulfil the legal criteria for being benefiting subjects of secondary legal aid, the Directorate for Free-of-Charge Legal Aid, shall notify to the beneficiary of legal aid the obligations for the voluntary reimbursement of expenses made, the concrete amount and the time-limit for fulfilment of this obligation. The procedure, the periodicity and the rules of verification of the change of circumstances shall be defined by order of the Minister of Justice.
  2. In the event of lack of a voluntary execution of the obligation for reimbursement of expenses within the set time-limit, the Directorate for Free-of-Charge Legal Aid, shall file a statement of claim to the court by requesting the reimbursement of the sum in compliance with the legislation in force.
  3. The provisions of paragraphs 1 and 2, of this article, shall be applied also in the instance when the person, to whom the request for secondary legal aid and/or exemption from court fees and court costs has been approved or the appointed advocate:

a) has not filed the statement of claim in the court, after passage of a three-month time-limit from the date when the decision of the court for acceptance of the request for secondary legal aid has taken a final form;

b) has withdrawn from the adjudication of the lawsuit, from the right of the lawsuit, from appeal and recourse, or from the execution of the execution order.

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