OFFICIAL TRANSLATION
REPUBLIC OF LITHUANIA
LAW ON State-guaranteed LEGAL AID
28 March 2000 No VIII-1591
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the provision of State-guaranteed legal aid to natural persons to enable them to adequately assert their violated or disputed rights and the interests protected under law.
2. This Law shall also aim at ensuring the application of the EU legal acts specified in the Annex to this Law.
3. In the cases established by the Republic of Lithuania Law on the Legal Status of Aliens, the procedure for exercising the rights of asylum applicants and other aliens to State-guaranteed legal aid shall be laid down by the Republic of Lithuania Law on the Legal Status of Aliens.
Article 2. Definitions
1. “State-guaranteed legal aid” shall mean the primary legal aid and secondary legal aid provided in accordance with the procedure laid down by this Law.
2. “Primary legal aid” shall mean the provision of legal information in accordance with the procedure laid down by this Law, legal advice and drafting of the documents to be submitted to state and municipal institutions, with the exception of procedural documents. This legal aid shall also cover advice on the out-of-court settlement of a dispute, actions for the amicable settlement of a dispute and drafting of a settlement agreement.
3. “Secondary legal aid” shall mean drafting of documents, defence and representation in court, including the process of execution, representation in the event of preliminary extrajudicial consideration of a dispute, where such a procedure has been laid down by laws or by a court decision. This legal aid shall also cover the litigation costs incurred in civil proceedings, the costs incurred in administrative proceedings and the costs related to the hearing of a civil action brought in a criminal case.
4. “Defence and representation in court” shall mean the procedural actions regulated by laws in defending the rights and interests of a suspect, accused, convict or of a person represented in criminal, civil (with the exception of arbitration) and administrative matters as well as in international judicial institutions.
5. “Legal information” shall mean shall mean information about the legal system, laws and other legal acts and provision of legal aid.
7. “Applicant” shall mean a natural person who has submitted an application for the provision of State-guaranteed legal aid and/or who is a recipient of State-guaranteed legal aid.
8. “Member State of the European Union” shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark.
9. “Cross-border dispute” shall mean a dispute in which the applicant, at the moment of submitting an application for the provision of State-guaranteed legal aid, is domiciled or habitually resident in a Member State of the European Union other than the one in which the court is sitting or where enforcement is sought. The Member State of the European Union in which the applicant is domiciled shall be determined according to Article 59 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Article 3. Principles of the State-guaranteed Legal Aid
State-guaranteed legal aid shall be provided according to the following principles:
Article 4. Duties of Applicants
The applicant must:
1) co-operate with the institutions which take decisions on the provision of State-guaranteed legal aid as well as with the persons providing State-guaranteed legal aid;
3) report immediately to State-guaranteed legal aid services or to the court on changes in the circumstances which influence the eligibility of a person for State-guaranteed legal aid;
4) where secondary legal aid is provided for a time period exceeding one year, submit annually, starting from the day of taking of a decision on the provision of secondary legal aid, to State-guaranteed legal aid services a resident’s property declaration with a stamp of the local tax administrator confirming the submission of the declaration. The declaration must be submitted not later than 5 days after the end of the year;
Article 5. Institutions Managing State-guaranteed Legal Aid
The institutions managing State-guaranteed legal aid shall be:
2) Ministry of Justice of the Republic of Lithuania (hereinafter referred to as “the Ministry of Justice”);
Article 6. Functions of the Government in the Field of State-guaranteed Legal Aid
The Government shall:
Article 7. Functions of the Ministry of Justice in the Field of State-guaranteed Legal Aid
1. The Ministry of Justice shall:
2. With a view to ensuring the implementation of the functions assigned to the Ministry of Justice in the field of State-guaranteed legal aid, the State-guaranteed Legal Aid Co-ordination Council (hereinafter referred to the Co-ordination Council) shall be formed. This Council shall be a collegial advisory institution operating on a voluntary basis.
3. The Co-ordination Council shall be made up of representatives of the Committee on Legal Affairs and the Committee on Human Rights of the Seimas of the Republic of Lithuania, the Ministry of Justice, the Ministry of Finance, the Association of Local Authorities in Lithuania, the Lithuanian Bar, the Lithuanian Lawyers’ Society, the Lithuanian Association of Judges, other institutions and associations whose activities are related to the provision of State-guaranteed legal aid or to the protection of human rights. The regulations and composition of the Co-ordination Council shall be approved by the Minister of Justice.
4. The Co-ordination Council shall:
1) submit proposals on the implementation and improvement of the policy of State-guaranteed legal aid;
2) analyse reports on the activities of municipal institutions in organising and providing primary legal aid and submit proposals on the provision of primary legal aid;
4) submit proposals on the need for state budget funds for the provision of State-guaranteed legal aid and on the efficient utilisation thereof;
Article 8. Functions of Municipal Institutions in the Field of State-guaranteed Legal Aid
1. A municipal institution shall:
2) pay for the provision of primary legal aid, where primary legal aid is provided by lawyers (professional partnerships of lawyers) or public agencies on the basis of an agreement concluded with the municipality;
Article 9. Services
1. The services shall be budgetary institutions, where the geographical areas in which they have jurisdiction correspond to the geographical areas of county courts. The Ministry of Justice shall be the founder and participant of the services. The services shall be state institutions.
2. The task of the services shall be to ensure the provision of secondary legal aid in compliance with this Law.
3. The services shall:
3) conclude agreements with the lawyers providing secondary legal aid. An agreement must establish the duty of the lawyers to provide secondary legal aid, the conditions of and procedure for fulfilling this duty, the right of the service to terminate the agreement in the event of nonfeasance or misfeasance of a lawyer with respect to the provision of secondary legal aid as well as other conditions. A sample agreement on the provision of secondary legal aid shall be approved by the Minister of Justice upon agreement with the Lithuanian Bar;
4) control the provision of secondary legal aid on the basis of the agreements referred to in subparagraph 3 of this Paragraph;
5) pay the lawyers providing secondary legal aid or public agencies a fee for the primary legal aid provided, where, in the case provided for in paragraph 8 of Article 15 of this Law, the services organise the provision of primary legal aid, and for secondary legal aid;
6) inform about possibilities and conditions of receiving State-guaranteed legal aid in an Internet website, publications and through the media;
Article 10. Lithuanian Bar
With a view to assisting in ensuring the efficient provision of secondary legal aid, the Lithuanian Bar shall:
1) co-ordinate, in the cases established by this Law, the secondary legal aid as provided by lawyers;
2) verify the quality of activities of the lawyers providing secondary legal aid according to the rules for assessment of the quality of secondary legal aid. These rules shall be approved by the Minister of Justice upon agreement with the Lithuanian Bar;
3) appoint co-ordinators in the territories of county courts on the basis of the agreements concluded with the services, establish the procedure of their activities and inform the courts, prosecutor’s office and pre-trial investigation institutions of the appointed co-ordinators. An agreement must establish the duty of the Lithuanian Bar to ensure the continuity of activities of a co-ordinator, the procedure of the co-ordinator’s activities and other conditions. A sample agreement on the appointment and activities of co-ordinators shall be approved by the Minister of Justice.
Article 11. Persons Eligible for State-guaranteed Legal Aid
1. All citizens of the Republic of Lithuania, citizens of other Member States of the European Union as well as other natural persons residing lawfully in the Republic of Lithuania and other Member States of the European Union and other persons specified in international treaties of the Republic of Lithuania shall be eligible for primary legal aid.
2. The following persons shall be eligible for secondary legal aid:
1) citizens of the Republic of Lithuania, citizens of other Member States of the European Union as well as other natural persons residing lawfully in the Republic of Lithuania and other Member States of the European Union whose property and annual income do not exceed the property and income levels established by the Government of the Republic of Lithuania for the provision of legal aid under this Law;
2) citizens of the Republic of Lithuania, citizens of other Member States of the European Union as well as other natural persons residing lawfully in the Republic of Lithuania and other Member States of the European Union as specified in Article 12 of this Law;
3. In the cases specified in paragraphs 1 and 2 of this Article, citizens of other Member States of the European Union as well as natural persons residing lawfully in other Member States of the European Union shall be eligible for State-guaranteed legal aid under this Law only in the event of a cross-border dispute.
4. Primary legal aid shall not be provided where:
2) the applicant has already been offered a comprehensive advice from a lawyer on the same issue or it is obvious that he can receive the advice without resorting to the State-guaranteed legal aid established by this Law;
5. Secondary legal aid shall not be provided where:
3) the applicant is claiming non-pecuniary damage related to the protection of his honour and dignity, but has suffered no property damage;
4) the application concerns a claim arising directly out of the applicant’s trade or self-employed profession;
5) the applicant can receive required legal services without resorting to State-guaranteed legal aid;
6) the applicant applies with respect to the violation of the rights other than his own, with the exception of the cases of representation under the law;
6. The service shall have the right to refuse to provide secondary legal aid where, upon the examination of the merits of a claim, it establishes that the possible costs of secondary legal aid would significantly exceed the amount of property claims (property interests) of the applicant or that the non-pecuniary claim of the applicant lacks merit or that the applicant is capable of independently exercising or defending his rights or the interests protected under law without the assistance of a lawyer.
7. Provisions of paragraphs 5 and 6 of this Article shall not be applied in respect of the provision of secondary legal aid in criminal cases and the cases concerning administrative offences. Where the persons referred to in subparagraphs 3 and 4 of Article 12 of this Law wish to receive only the State-guaranteed legal aid specified in Article 20 of this Law, paragraphs 5 and 6 of this Article shall not be applied.
8. State-guaranteed legal aid shall not be provided to the persons eligible for a litigation costs (the costs of the proceedings) insurance benefit, where this benefit, according to the conditions of an insurance contract, is paid prior to the incurrence of litigation costs (the costs of the proceedings) and where the insurance benefit covers all the costs which would be covered by the State-guaranteed legal aid provided under this Law. The applicant must indicate whether he has concluded a litigation costs (the costs of the proceedings) insurance contract and, where such a contract has been concluded, specify the costs which would be covered by the insurance benefit.
Article 12. Persons Eligible for Secondary Legal Aid Regardless of the Property and Income
The following persons shall be eligible for secondary legal aid regardless of the property and income levels established by the Government of the Republic of Lithuania for the provision of legal aid under this Law:
1) the persons eligible for legal aid in criminal proceedings according to Article 51 of the Code of Criminal Procedure;
2) the aggrieved parties in the cases concerning compensation for the damage incurred through criminal actions, including the cases when the issue of compensation for damage is heard as part of a criminal case;
3) the persons eligible for a social allowance under the Republic of Lithuania Law on Cash Social Assistance for Low-Income Families (Single Residents);
5) the persons who have been established a severe disability or for whom incapacity for work has been recognised as well as guardians of these persons, where State-guaranteed legal aid is required for the representation and defence of rights and interests of a ward;
6) the persons who have presented a proof that they cannot dispose of their property and funds for objective reasons and that for these reasons, their property and annual income which they can freely dispose of do not exceed the property and income levels established by the Government of the Republic of Lithuania for the provision of legal aid under this Law;
7) the persons suffering from serious mental disorders, when issues of their forced hospitalisation in psychiatric institutions and treatment are being considered according to the Republic of Lithuania Law on Mental Health Care, and their guardians, where State-guaranteed legal aid is required for the representation of rights and interests of a ward;
Article 13. Documents Attesting to a Person’s Eligibility for Secondary Legal Aid
1. The eligibility for secondary legal aid of the persons referred to in subparagraph 1 of paragraph 2 of Article 11 of this Law shall be attested to by a resident’s property declaration with a stamp of the local tax administrator confirming the submission of the declaration.
2. The eligibility for secondary legal aid of the persons referred to in subparagraph 1 of Article 12 of this Law shall be attested to by the decisions of a pre-trial investigation officer, prosecutor or the court.
3. The eligibility for secondary legal aid of the persons referred to in subparagraph 2 of Article 12 of this Law shall be attested to by a decision of a pre-trial investigation officer, prosecutor or by a court ruling whereby a person is recognised the aggrieved party and/or by a court judgement.
4. The eligibility for secondary legal aid of the persons referred to in subparagraph 3 of Article 12 of this Law shall be attested to by a certificate issued by the municipality of the place of residence as declared by a person or, where the person has no place of residence, by the municipality where the person is resident confirming that the person is the recipient of a social allowance.
5. The eligibility for secondary legal aid of the persons referred to in subparagraph 4 of Article 12 of this Law shall be attested to by a certificate issued by the head of a stationary care institution or by a person authorised by him and confirming that the person is maintained by the State in the stationary care institution.
6. The eligibility for secondary legal aid of the persons referred to in subparagraph 5 of Article 12 of this Law shall be attested to by a document issued by the Disability and Working Capacity Establishment Service under the Ministry of Social Security and Labour and confirming the level of a person’s disability or incapacity for work.
7. The eligibility for secondary legal aid of the persons referred to in subparagraph 6 of Article 12 of this Law shall be attested to by a property seizure act and/or other documents certifying the objective reasons for which a person cannot dispose of his property and funds as well as a copy of a resident’s property declaration submitted to the local tax administrator.
8. The eligibility for secondary legal aid of the persons referred to in subparagraph 7 of Article 12 of this Law shall be attested to by a certificate issued by a health care institution and confirming that the person suffers from a serious mental disorder.
Article 14. Costs of State-guaranteed Legal Aid
1. The costs of primary legal aid shall comprise the costs related to legal information, legal advice and drafting of the documents to be submitted to state and municipal institutions, with the exception of procedural documents, as well as the costs related to advice on the out-of-court settlement of disputes and to actions for the amicable settlement of a dispute and drafting of a settlement agreement.
2. The costs of secondary legal aid shall comprise the costs from which the applicant shall be exempted, that is, the litigation costs incurred in civil proceedings, the costs incurred in administrative proceedings, the costs related to the hearing of a civil action brought in a criminal case as provided for in Article 20 of this Law, the costs related to defence and representation in court (including the appeal and cassation proceedings, irrespective of the initiator) as well as the costs of the execution process, the costs related to the drafting of procedural documents and collection of evidence, representation in the event of preliminary extrajudicial consideration of a dispute, where such a procedure has been laid down by laws or by a court decision.
4. The costs of secondary legal aid provided to the persons specified in subparagraph 1 of paragraph 2 of Article 11 of this Law, by taking account of a person’s property and income, shall be guaranteed and covered by the State as follows:
5. The State shall guarantee and cover 100 per cent of the costs of the secondary legal aid provided to the persons specified in Article 12 of this Law, regardless of a person’s property and income, with the exception of the persons referred to in subparagraph 6 of Article 12 of this Law, where the property and income which they can freely dispose of are assigned to the second level of a person’s property and income. The State shall guarantee and cover 50 per cent of the costs of the secondary legal aid provided to the persons referred to in subparagraph 6 of Article 12 of this Law, where the property and income which they can freely dispose of are assigned to the second level of a person’s property and income.
6. The costs of State-guaranteed legal aid shall also cover the costs of interpretation of communication between the lawyer and the applicant where, in the cases provided for in international treaties of the Republic of Lithuania, it is impossible to ensure that a person providing State-guaranteed legal aid communicates with the applicant in the language which the latter understands.
Article 15. Procedure for Providing Primary Legal Aid
1. The persons wishing to receive primary legal aid shall have the right to apply to the executive institution of a municipality according to the declared place of residence or, where a person has no place of residence, to the executive institution of a municipality where the person is resident.
2. Primary legal aid must be provided immediately upon the application of a person to the executive institution of a municipality. Where immediate provision of primary legal aid is not possible, the applicant shall be notified of the time of an appointment, which must take place not later than 5 days from the day of application.
3. Primary legal aid shall be provided by civil servants of the municipality administration, where the job descriptions of their positions establish the functions of a legal nature, the employees working under the employment contracts which provide for the official functions of the legal nature and receiving remuneration for work from the municipal budget (hereinafter referred to as “municipal servants”) or lawyers (professional partnerships of lawyers) or the public agencies with which municipalities have concluded an agreement. Municipal institutions shall, by taking account of the quality, efficiency and economy of primary legal aid, select a specific way of the provision of primary legal aid.
4. The duration of primary legal aid shall not exceed one hour. The duration of primary legal aid may be extended by a decision of the executive institution of a municipality or a person authorised by it.
6. The persons providing primary legal aid must look for possibilities and help the applicants to amicably settle disputes.
7. Where, in the course of the provision of primary legal aid, it transpires that the applicant will require secondary legal aid, the person providing primary legal aid shall help the applicant to draft or shall draft an application for the provision of secondary legal aid. The person providing primary legal aid shall take these actions only upon the fulfilment of a duty referred to in paragraph 6 of this Article.
8. Where an applicant applies with regards to action or omission by the agency of a municipality a servant of which provides primary legal aid, the municipal servant shall inform the applicant of a potential conflict of interests. The municipal servant shall provide primary legal aid subject to the consent of the applicant. Where the applicant disagrees to the provision of primary legal aid by the municipal servant, the latter shall suggest that he addresses a lawyer (professional partnership of lawyers) or a public agency with which the municipality has concluded an agreement or that he addresses the service. Where in this case the applicant addresses the service, the latter shall organise the provision of primary legal aid by concluding agreements with lawyers or with public agencies.
9. The entities providing primary legal aid shall keep records thereof by indicating the names, surnames, personal identification numbers, place of residents of applicants, the issue with regards to which primary legal aid has been provided and duration of the provision of primary legal aid. Where a person has addressed the executive institution of a municipality orally, he must sign in a primary legal aid record book.
Article 16. Legal Aid Provided by Public Agencies
1. Where, in the case provided for in paragraph 8 of Article 15 of this Law, the provision of primary legal aid is organised by the services, the public agencies which have concluded agreements with a municipality or the service shall have the right to provide primary legal aid under this Law.
2. The public agencies engaged in the provision of primary legal aid shall have the right to provide law students with a possibility of legal internship.
Article 17. Procedure for Selecting and the Fees of the Lawyers Providing Secondary Legal Aid
1. The services shall select lawyers for the provision of secondary legal aid on the basis of competition and conclude agreements with them. The competition regulations shall be approved by the Minister of Justice upon agreement with the Lithuanian Bar.
2. With a view to ensuring the continuity of the provision of secondary legal aid, separate agreements shall be concluded:
1) with the lawyers who continuously provide secondary legal aid only to the persons eligible for it;
3. The services shall, according to paragraph 2 of this Article, draw up two separate lists of the lawyers providing secondary legal aid. The lists must specify in which areas of law lawyers provide secondary legal aid. The lists shall be submitted to the Lithuanian Bar.
4. The lawyers referred to in subparagraph 1 of paragraph 2 of this Article shall provide secondary legal aid in the premises transferred to them on the basis of a loan for use contract in accordance with the procedure laid down in the Republic of Lithuania Law on Management, Use and Disposal of the State and Municipal Property. These premises must be located in the head offices of the services or in the closest possible proximity thereto. Other property necessary for the provision of secondary legal aid shall also be transferred to the lawyers referred to in subparagraph 1 of paragraph 2 of this Article on the basis of a loan for use contract in accordance with the procedure law down in the Law of the Republic of Lithuania on the Management, Use and Disposal of the State and Municipal Property.
5. Lawyers shall be paid fees for the provision of secondary legal aid. The rate thereof shall be established by the Government. The rate of the lawyers’ fees must be established in such a way as to promote an amicable settlement of disputes and to ensure the efficient and economical utilisation of the state budget funds allocated for State-guaranteed legal aid. A fee paid to the lawyers referred to in subparagraph 1 of paragraph 2 of this Article for the provision of secondary legal aid shall be fixed regardless of the amount of the secondary legal aid provided. The lawyers referred to in subparagraph 2 of paragraph 2 of this Article shall be paid a fee of the established rate for the provision of secondary legal aid in each case by taking account of the complexity of a case (the category of the instant case, stage of the proceedings, etc.).
Article 18. Procedure for Providing Secondary Legal Aid
1. A person wishing to receive secondary legal aid shall submit to the service an application and the documents attesting to his eligibility for secondary legal aid. The particulars and form of an application for the provision of secondary legal aid shall be approved by the Minister of Justice. An application and the documents attesting to the eligibility for secondary legal aid may be submitted either in person or by post.
2. A decision on the provision of secondary legal aid shall be taken by the service. The decision on the provision of secondary legal aid shall be taken immediately upon a person’s application. Where the decision cannot be taken immediately, it shall be taken within 3 days of the receipt of the documents referred to in paragraph 1 of this Article. The service shall immediately give written notice to the applicant of the decision taken. Decisions of the service may be appealed against in accordance with the procedure laid down in the Republic of Lithuania Law on Administrative Proceedings.
3. A decision on the provision of secondary legal aid must specify:
7) the level established to the person’s property and income, where secondary legal aid is provided to the applicants referred to in subparagraph 1 of paragraph 2 of Article 11 and in subparagraph 6 of Article 12 of this Law;
9) the name, surname, address, telephone number and reception hours of a lawyer assigned to provide secondary legal aid, where the decision is taken on the provision of secondary legal aid;
4. When selecting a lawyer, the service shall take into account an applicant’s proposal regarding the specific lawyer, the place of residence of the applicant, the place of employment of the lawyer, the workload of the lawyer and other circumstances significant for the provision of secondary legal aid.
5. A decision on the provision of secondary legal aid shall be an assignment for a lawyer to provide secondary legal aid and a document attesting to his powers.
6. A lawyer providing secondary legal aid may be replaced upon a written reasoned request of an applicant or the lawyer himself in the event of establishment of a conflict of interests or of other circumstances due to which the lawyer providing secondary legal aid cannot provide legal aid in the instant case. A decision on the replacement of the lawyer providing secondary legal aid shall be taken by the service.
7. Where secondary legal aid is provided for a time period longer than one year, the services shall annually, following the year after the taking of a decision on the provision of secondary legal aid, verify the eligibility of a person for secondary legal aid on the basis of a new resident’s property declaration with a stamp of the local tax administrator confirming the submission of the declaration and having regard to the conditions set out by this Law.
8. At least one month prior to the end of the year following the taking of a decision on the provision of secondary legal aid, the lawyers providing secondary legal aid shall notify an applicant of the obligation to declare his property and income if he wishes to continue receiving secondary legal aid. Where the provision of secondary legal aid is continued, a lawyer must furnish these statements annually at least one month prior to the end of the year.
9. In the cases provided for in international treaties of the Republic of Lithuania, the lawyers providing secondary legal aid must communicate with applicants in the language the latter understand, and, where this is impossible, interpretation of their communication must be ensured.
10. Where the level of an applicant’s property and income changes, the service shall establish another part of the costs of secondary legal aid to be guaranteed and covered by the State.
11. Where the financial situation of an applicant referred to in paragraph 6 of Article 12 of this Law changes so that his property and income or the property and income which he can freely dispose of do not correspond to the previously established level of a person’s property and income, but correspond to another level of a person’s assets and income, the applicant must immediately notify thereof the service by submitting a new declaration of a resident’s property with a stamp of the local tax administrator confirming the submission of the declaration. In this case, the service shall establish another part of the costs of secondary legal aid to be guaranteed and covered by the State.
Article 19. Peculiarities of the Provision of Secondary Legal Aid by Covering 50 per cent of Costs
1. An application for the provision of secondary legal aid must contain the applicant’s consent to cover the costs of secondary legal aid, where the second level is established to his property and income. Where the application is filled in with the help of or by the persons providing State-guaranteed legal aid, the duty to cover 50 per cent of the costs of secondary legal aid must be explained to the applicant, and he shall be familiarised with the possible preliminary amount of the costs.
2. Where 50 per cent of the costs of secondary legal aid are covered, an applicant shall pay the remaining 50 per cent of the costs of secondary legal aid related to defence and representation in court upon the completion of the provision of secondary legal aid. A lawyer shall notify the service of the completion of the provision of secondary legal aid. This service shall notify the applicant of the payable amount of the costs of secondary legal aid, the account to which he must transfer the amount and the time limit for the payment.
3. An applicant shall cover the costs referred to in paragraph 2 of this Article within 30 days of the receipt of a notification. Where he fails to pay the amount indicated in paragraph 2 of this Article, it shall be recovered in accordance with the procedure laid down by the law.
Article 20. Exemption from the Stamp Duty and Other Litigation Costs (Costs of the Proceedings and Procedural Costs) and Coverage Thereof
1. In civil and administrative proceedings as well as when hearing the civil actions brought in criminal cases, the persons eligible for secondary legal aid shall, according to paragraph 4 of Article 14 of this Law, be exempt from the stamp duty and other litigation costs (with the exception of the litigation costs referred to in subparagraphs 6-8 of paragraph 1 of Article 88 of the Code of Civil Procedure), the costs of the proceedings and procedural costs in the case provided for in paragraph 2 of Article 104 of the Code of Criminal Procedure.
2. Where the physical presence of an applicant is required by the law or by the court, the travel costs to be borne by an applicant shall be borne by the services from the state budget finds allocated for that purpose.
3. An applicant shall submit to the court a decision taken by the service on the provision of secondary legal aid.
Article 21. Peculiarities of the Provision of Secondary Legal Aid in Criminal Matters
1. Where the physical presence of a defence lawyer in court is required by Article 51 of the Code of Criminal Procedure and in other cases when a suspect, accused or convict requests a defence lawyer, a pre-trial investigation officer, prosecutor or the court shall notify the co-ordinator that the suspect, accused or convict requires the defence lawyer.
2. Upon the receipt of a notification referred to in Paragraph 1, the co-ordinator shall immediately select a lawyer to provide secondary legal aid and notify thereof a pre-trial investigation officer, prosecutor or the court and the service.
3. The service shall pay fees to the lawyer referred to in paragraph 2 of this Article in accordance with the procedure laid down in Article 17 of this Law.
Article 22. Provision of Secondary Legal Aid Where a Defence Lawyer is Requested by a Suspect, Accused or Convict
1. Where a defence lawyer is requested by a suspect, accused or convict, the lawyer assigned by the co-ordinator must assist the suspect, accused or convict in the drafting of an application for the provision of secondary legal aid of the form established by the Minister of Justice.
2. An application referred to in paragraph 1 of this Article must, in addition to other data, contain data on a person’s property and income. A lawyer must explain the duty of a suspect, accused or convict to cover the costs of secondary legal aid in the event the second level is established to the property and income and familiarise the person with the possible preliminary amount of the costs. The application for the provision of secondary legal aid must also specify that the suspect, accused or convict consents to cover the costs of secondary legal aid in the event the second level is established to his property and income and that he has been familiarised with the possible preliminary amount of the costs.
3. A lawyer must immediately submit an application referred to in paragraph 1 of this Article to the service.
4. The service shall have the right to obtain, free of charge, from the state tax inspectorate, other state institutions, municipal institutions, state registers, other natural or legal persons the information required to determine the accuracy of the data presented in an application referred to in paragraph 1 of this Article. The said institutions and persons must immediately, and not later than within 7 days, submit the requested information to the service.
5. The service must take a decision on the provision of secondary legal aid within one day of the receipt of the information referred to in paragraph 4 of this Article.
6. Where the service takes a decision to refuse the provision of secondary legal aid, the provision of legal aid shall be terminated, and a lawyer and a suspect, accused or convict shall be notified thereof. The costs of the secondary legal aid provided prior to the taking of the decision shall not be recovered from the suspect, accused or convict.
Article 23. Termination of the Provision of Secondary Legal Aid
1. The provision of secondary legal aid shall be terminated where:
1) it transpires that a person receiving secondary legal aid is not eligible for secondary legal aid;
2) the person has deliberately submitted inaccurate information on the merits of a dispute or a case, his property or income;
3) the circumstances on the basis of which the person has been assigned to the persons referred to in paragraph 2 of Article 11 of this Law undergo a change;
4) the level of the person’s property and income changes, and the person is divested of the right to receive secondary legal aid under this Law, including the case referred to in paragraph 6 of Article 12 of this Law;
5) the applicant fails to present a property declaration with a stamp of the local tax administrator confirming the submission of the declaration within the time limit laid down by this Law, where secondary legal aid is provided for a period longer than one year;
6) the applicant abuses his substantive and procedural rights or demands that a lawyer exercises and defends the rights in an unacceptable manner;
7) following a change in the circumstances, it is established that the possible costs of secondary legal aid would significantly exceed the amount of property claims (property interest) of the applicant or that the non-pecuniary claim of the applicant lacks merit or that he is capable of independently exercising or defending his rights or the interests protected under law without the assistance of a lawyer;
2. A lawyer providing secondary legal aid must immediately notify the service or a pre-trial investigation officer, prosecutor or the court (where the physical presence of a defence lawyer is required by Article 51 of the Code of Criminal Procedure) of the circumstances referred to in paragraph 1 of this Article which have transpired and which are the basis for consideration of the termination of secondary legal aid. In the event of a failure to fulfil this duty, the lawyer’s fees for the provision of secondary legal aid may be reduced or withheld, and the lawyer must reimburse the losses incurred due to nonfeasance or misfeasance of the duty referred to in this paragraph.
3. A decision on the termination of the provision of secondary legal aid shall be taken by the service. Where 50 per cent of the costs of secondary legal aid were covered, the decision on the termination of the provision of secondary legal aid shall specify the payable amount of the costs of secondary legal aid, the account to which the amount must be transferred and the time limit for the payment. The amount must be paid with the time limit laid down in paragraph 3 of Article 19. A decision of the service on the termination of the provision of secondary legal aid may be appealed against in accordance with the procedure laid down by the law.
4. A person receiving secondary legal aid and the lawyer providing such aid must immediately submit to the court a decision taken by the service on the termination of the provision of secondary legal aid or on changing of the costs of State-guaranteed legal aid where a different level is established to the person’s property and income. The persons who fail to fulfil this duty must cover the losses incurred due to nonfeasance or misfeasance thereof.
Article 24. Recovery and Refund of the Costs of Secondary Legal Aid
1. Where the provision of secondary legal has been terminated on the grounds referred to in subparagraphs 1, 2 and 6 of paragraph 1 of Article 23 of this Law, the costs of such aid shall be recovered from the person to whom it has been provided in accordance with procedure laid down by the law.
2. Where secondary legal aid is provided to the persons eligible for the litigation costs (costs of the proceedings) insurance benefits, which, according to the conditions of an insurance contract, are paid after the incurrence of the costs, the costs of the secondary legal aid which has been provided must be refunded to the state budget within one month of the payment of an insurance benefit in accordance with the procedure laid down by the Minister of Justice. Where a person fails to refund these costs, they shall be recovered in accordance with the procedure laid down by the law.
3. Where secondary legal aid has been provided to a person referred to in subparagraph 6 of Article 12 of this Law and where the circumstances on the basis of which he has been assigned to the persons referred to in the said subparagraph change, but the person cannot be assigned to the persons referred to in subparagraph 1 of paragraph 2 of Article 11 of this Law, such a person must refund the costs of the secondary legal aid which has been provided to the state budget within the time limit laid down by the service. Where the person fails to refund the costs, they shall be recovered in accordance with the procedure laid down by the law.
4. Where 50 per cent of the costs of secondary legal aid are covered, and an applicant fails to fulfil the duty of paying 50 per cent of the costs of the proceedings in the case of civil proceedings or 50 per cent of the costs related to administrative proceedings within the time limits and in accordance with the procedures laid down in procedural laws, which results in the termination of the civil or administrative proceedings without the court taking a decision on the merits of the case, the applicant must refund the costs of provided secondary legal aid to the state budget within the time limits laid down by the service.
Article 25. Scope of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes
1. The provisions of this Chapter shall be applied to the provision of State-guaranteed legal aid in cross-border disputes in civil and commercial matters whatever the nature of the court. The provisions of this Chapter shall not extend to revenue, customs or administrative matters.
2. State-guaranteed legal aid shall also be provided in compliance with this Chapter with regards to the enforcement of authentic instruments.
Article 26. Peculiarities of the Establishment of Eligibility for State-Guaranteed Legal Aid of Citizens of Other Member States of the European Union and of the Natural Persons Lawfully Residing in Other Member State of the European Union
Where the property and income of citizens of other Member States of the European Union as well as of other natural persons lawfully residing in other Member States of the European Union exceed the property and income levels set by the Government of the Republic of Lithuania for the provision of State-guaranteed legal aid under this Law, but they indicate it is impossible for them to bear the costs of the proceedings, the service must establish whether an applicant is able to bear the costs of the proceedings by taking account of the subsistence costs of his domicile or the place where he is habitually resident in another Member State of the European Union and shall have the right to take a decision on the provision of secondary legal aid.
Article 27. Competent Authority
1. The Ministry of Justice of the Republic of Lithuania shall be the institution of the Lithuanian Republic (hereinafter referred to as “the receiving authority”) authorised to receive applications for the provision of State-guaranteed legal aid in cross-border disputes (hereinafter referred to as “an application for legal aid”) from the competent authorities of the Member States of the European Union.
2. The Ministry of Justice of the Republic of Lithuania shall be the institution of the Lithuanian Republic (hereinafter referred to as “the transmitting authority”) authorised to transmit applications for the provision of State-guaranteed legal aid to the competent authorities of other Member States of the European Union.
Article 28. Peculiarities of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes Where the Ministry of Justice of the Republic of Lithuania is the Receiving Institution
1. An applicant shall have the right to submit an application for legal aid either to the competent authority of the Member State of the European Union in which the applicant is domiciled or habitually resident or directly to the Ministry of Justice of the Republic of Lithuania, where the court is to sit in the Republic of Lithuania or where the decision is to be enforced in the Republic of Lithuania.
2. An application for legal aid and the documents attesting to a person’s eligibility for State-guaranteed legal aid submitted to the receiving authority must be translated into the Lithuanian language or another language which the Republic of Lithuania has indicated it can accept to the Commission of the European Communities. These documents shall be exempt from legalisation and any equal formality.
3. Upon the receipt of an application for legal aid from the competent authority of another Member State of the European Union, the Ministry of Justice of the Republic of Lithuania must, within 30 days of the receipt of the application and all the necessary documents, examine it and take a decision on the transmission of the application to the appropriate executive institution of a municipality or to the service. The Ministry of Justice of the Republic of Lithuania shall have the right to refuse to transmit the application where not all the documents referred to in this Law have been submitted. Upon the taking of a decision to refuse to transmit the application, the Ministry of Justice of the Republic of Lithuania shall immediately notify the applicant thereof.
4. The executive institution of a municipality or the service must notify the applicant of a decision taken on the provision of State-guaranteed legal aid. Where an application for legal aid is rejected, the reasons for such a decision must be specified. The decision on the rejection of the application may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania.
Article 29. Peculiarities of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes Where the Ministry of Justice of the Republic of Lithuania is the Transmitting Institution
1. Where the court is sitting in another Member State of the European Union or the decision is to be enforced in another Member State of the European Union, the applicant who is domiciled in the Republic of Lithuania or who is habitually resident in the Republic of Lithuania shall have the right to submit an application for legal aid and the documents attesting to the person’s eligibility for legal aid either directly to the competent authority of the Member State of the European Union concerned or through the transmitting authority – the Ministry of Justice of the Republic of Lithuania.
2. The documents referred to in paragraph 1 of this Article shall be translated into the official language or one of the official languages of another Member State of the European Union which corresponds to one of the languages of the Community institutions or into another language which that Member State of the European Union has indicated it can accept to the Commission of the European Communities.
3. The Ministry of Justice of the Republic of Lithuania shall have the right to refuse to transfer an application for legal aid where the application is manifestly unfounded or is outside the scope of the present Chapter. Where the Ministry of Justice of the Republic of Lithuania takes a decision to refuse to transmit an application for legal aid, the reasons for the refusal must be specified to the applicant. The decision may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania.
4. The Ministry of Justice of the Republic of Lithuania must notify the applicant of the documents which are required to enable an application for legal aid to be determined in another Member State of the European Union and shall ensure translation of the application and of the documents attesting to the person’s eligibility for legal aid according to subparagraph 2 of paragraph 2 of Article 31 of this Law. The Ministry of Justice of the Republic of Lithuania must transmit the application for legal aid and the documents attesting to the person’s eligibility for legal aid to the competent authority of another Member State of the European Union within 15 days of the receipt of translations of the application and of the documents attesting to the person’s eligibility for legal aid into one of the languages referred to in paragraph 2 of this Article.
5. The Ministry of Justice of the Republic of Lithuania shall carry out the actions referred to in this Article free of charge. Where the competent authority of another Member State of the European Union rejects an application for legal aid, the applicant must repay the costs of translation of the application and of the documents attesting to the person’s eligibility for legal aid borne by the Ministry of Justice of the Republic of Lithuania.
Article 30. Application Forms
The applications referred to in Articles 28 and 29 of this Law shall be submitted and transmitted in compliance with the form established by the Commission of the European Communities.
Article 31. Costs of the Provision of State-Guaranteed Legal Aid in Cross-Border Disputes
1. In the event of a cross-border dispute, the costs of State-guaranteed legal aid shall, in addition to the costs referred to in Article 14 of this Law, include:
2) the costs of translation of the procedural documents as required by the court or by another competent authority and presented by the applicant which are necessary for the resolution of the case;
3) travel costs to be borne by the applicant where the physical presence of the persons concerned with the presentation of the applicant’s case is required in court by the law or by the court of the Republic of Lithuania and the court decides that the persons concerned cannot be heard to the satisfaction of the court by any other means.
2. Where the applicant is domiciled or habitually resident in the Republic of Lithuania, the costs of State-guaranteed legal aid shall, in the event of a cross-border dispute, cover the following costs:
1) the costs of the legal aid which has been provided in the Republic of Lithuania until the application for legal aid has been received in another Member State of the European Union where the court is sitting or where enforcement is sought;
Article 32. Continuity of the Provision of State-Guaranteed Legal Aid
An applicant who received legal aid in another Member State of the European Union in which the court was sitting shall have the right to receive State-guaranteed legal aid provided for by this Law, where recognition or enforcement is sought in the Republic of Lithuania.
Article 33. Financing of State-Guaranteed Legal Aid
2. Funds for primary legal aid shall be allocated to municipalities as a special targeted grant for the performance of a state (delegated to municipalities) function.
Article 34. International Treaties of the Republic of Lithuania on Legal Aid
Where an effective ratified international treaty of the Republic of Lithuania establishes other norms than those provided for in this Law, the provisions of the international treaty of the Republic of Lithuania shall be applied, with the exception of the cases when the provisions of this Law implementing European Union legal acts are applied to relations with other Member States of the European Union.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex
to the Republic of Lithuania Law on
State-guaranteed Legal Aid