Правна библиотека и анализ на дела · Австрия · Белгия · Европейски съюз
LAWxPERT Вход Безплатен акаунт

Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 чл. 911Benefit of legal aid.

Title X

В силаОфициален текст

(1) The demand for admission to sue or defend with the benefit of legal aid in any court mentioned in articles 3 and 4, in any arbitration which is compulsory by law and before any other adjudicating authority where the benefit of legal aid is by law granted, shall be made by application to the Civil Court, First Hall.

(2) Nevertheless, such demand may also be made orally to the

Advocate for Legal Aid.

(3) The decree granting the benefit shall apply to all the courts and adjudicating authorities mentioned in sub-article (1).

(4) The Advocate for Legal Aid shall render his professional services to persons whom he considers would be entitled to the benefit of legal aid, and prior to their obtaining such benefit, prepare and file all judicial acts, which may be of an urgent matter. The following procedure shall be followed:

(a) the Advocate for Legal Aid, shall file an application in the competent court in his own name requesting that he be authorised to file specific judicial acts, on behalf of a person or persons claiming the benefit for legal aid as he considers the matter urgent;

(b) the competent court shall, in such an event, allow such request unless there are serious reasons to the contrary;

(c) the Advocate for Legal Aid, after the judicial acts are allowed to be filed, shall then follow the normal procedure leading to the appointment or otherwise of an advocate and legal procurator as provided ex officio in this Title: Provided that if the Civil Court, First Hall, shall subsequently exclude the benefit of legal aid, this shall not produce the nullity of any judicial act filed with such benefit but shall merely terminate for the future the benefit of legal aid given as aforesaid, and the court may order that the person deprived of such benefit pay all costs incurred.

(5) The Minister responsible for justice shall provide such facilities as are necessary for the proper administration of the benefit of legal aid.

(6) There shall be an Advocate for Legal Aid and the expression ''Advocate for Legal Aid'' in this Code or in any other law includes any other lawyer, officer or public officer designated by the Minister responsible for justice to perform, under the guidance of the Advocate for Legal Aid, any function pertaining to the Advocate of Legal Aid or to the administration of the benefit of legal aid.

История на изменения
  • Amended by IX.2004.9