Types of state guaranteed legal aid
Primary Legal Aid
Primary legal aid provision of information regarding the legal system of the Republic of Moldova, the normative acts in force, the rights and the obligations of subjects of law, the method of enforcing and exercising the persons’ rights both in the judicial and extrajudicial proceedings; delivering counseling on legal issues; delivering assistance in drafting juridical acts; delivering other forms of legal aid that do not constitute qualified legal aid.
Primary legal aid is provided to any person, irrespective of the level of their income, by the paralegals and nongovernmental organizations specialized in the delivery of state guaranteed legal aid. In order to benefit from primary legal aid, the person must contact the providers authorized by law to provide primary legal aid from the locality where the person lives. The person may submit a written or verbal request for primary legal aid. The primary legal aid is provided immediate upon request. In cases when provision o primary legal aid is not possible immediately, the person will be told the date and time when s/he can receive the requested assistance, which should take place within maximum 3 days from the moment the request was submitted.
Qualified legal aid
What is qualified legal aid and who are its beneficiaries?
Qualified legal aid is delivery of legal services of counseling, representation and/or defense before the criminal investigation bodies, courts of law in criminal cases, administrative offences/ misdemeanor cases, civil cases or cases of administrative jurisdiction, as well as representation before the public administration authorities.
Qualified legal aid is provided depending on financial status of the person, as well as irrespective of this status.
Cases when qualified legal aid is provided irrespective of the beneficiary’s financial status:
• when the person needs urgent legal assistance in case of arrest in a criminal or misdemeanor/administrative office proceeding;
• in cases of mandatory defence is required, according to art. 69 para (1) p. 2)-12) of the Criminal Procedure Code and art. 304 and 316 of the Civil Procedure Code of the Republic of Moldova.
Qualified legal aid is provided depending on the beneficiary’s financial status:
• when the person needs legal assistance in criminal cases and the interests of justice so require, but the person does not have sufficient financial means to pay for legal assistance;
• when the person needs legal assistance in misdemeanour / administrative offences, civil and administrative jurisdiction proceedings that are complex from the legal or procedural points of view, and the person does not have sufficient financial means to pay for legal assistance.
In such cases, qualified legal aid is provided to persons whose monthly medium income is smaller than the minimum existence level per person per country.
The value of the minimum existence level per person per country is determined on the bases of the National Bureau for Statistics calculations, according to the Regulation on calculating the minimum of existence, approved by the Government decision nr.902 of 28.08.2000.
The medium monthly income that allows provision of qualified state guaranteed to one person constitutes one part of the monthly medium income of the person’s family and is calculated on the basis of the monetary or in kind income received during 6 month prior to the legal aid request.
In such cases, in order to receive legal aid, the person shall submit an income declaration, together with the legal aid request, according to the model approved by the Government. To the respective declaration the person shall annex the certificate regarding the family, certificate from the work / certificate regarding his/her monthly income during the last 6 months and a certificate from the National Social Assistance Department regarding the monthly social assistance, if any.
Qualified legal aid can also be provided with partial financial contribution from of the beneficiary in cases when the beneficiary, whose income is higher than the one required for receiving state guaranteed legal aid, is able to pay one part of the legal aid fee, if that contribution is affordable to him/her.
What is the procedure for receiving qualified legal aid?
The Territorial Offices of the National Legal Aid Council are in charged with organizing the delivery of legal aid. The Territorial Offices are created in each district of Appeal Court jurisdiction (5 altogether). The Territorial Offices receive and review the legal aid requests and the attached documents, take the decision regarding delivery of legal aid and appoint the lawyers to deliver it.
Qualified legal aid is provided by the public defenders and private lawyers providing legal aid on request, appointed on the basis of the Territorial Office’s decision.
Qualified legal aid can be solicited at any stage of the criminal procedure, and even prior to initiating the procedure in civil cases.
The request for qualified lega laid can be submitted at the competent Territorial Office of NLAC or at the criminal investigation body or the court. The legal aid request can be submitted by the candidate beneficiary or his/her relatives or his/her representatives, personally or through post.
In cases where participation of the lawyer is mandatory in criminal or civil cases, the legal aid request is submitted directly to the Territorial Office by the criminal investigation body or the court, without the need for the candidate beneficiary to submit it.
Provision of qualified legal aid can be refused if:
• legal aid request is manifestly ill-founded;
• from the submitted documents it is clear that the person does not have the right for which defence s/he requires legal assistance;
• the value of the claim is considerably lower than the eventual legal aid costs;
• the person has the possibility to cover the legal aid costs from his/her property, except for the goods, which in accordance with the legislation in force, can not be impounded.
The Territorial Offices Coordinator’s decision regarding the refusal to provide legal aid shall be motivated and can be appealed in administrative jurisdiction court within 15 working days from the moment the decision was communicated to the person that made the legal aid request.
The rights of the legal aid beneficiary:
• to request the appointment of a certain lawyer, indicating the name in the legal aid request:
When appointing the legal aid law, the coordinator of the territorial office will take into account the person’s request for appointing a certain lawyer, the legal aid caseload of the respective lawyer, as well as other relevant circumstances.
• to request the replacement of the appointed lawyer, by submitting a motivated written request to the territorial office.
The duties of the legal aid beneficiary:
• to collaborate with the appointed legal aid lawyer;
• to submit accurate date for receiving legal aid;
• to inform immediately the legal aid provider or the territorial office about any change in his/her financial status;
• to refuse any request for payment to the lawyer appointed to provide legal aid for the respective legal aid services;
• to compensate the legal aid costs if s/he has submitted false information about his/her financial status or it has changed during the case examination.