The UNBA proposes a new ground for termination of free legal aid provision by advocates
If criminal proceedings are suspended, the provision of free secondary legal aid should also be suspended (if the FLA center has previously issued a corresponding order).
The UNBA has submitted the initiative to the Subcommittee on the Organization and Activities of the Bar and Legal Aid Bodies of the Verkhovna Rada Committee on Legal Policy to improve the legislation on free legal aid.
According to the current version of Art. 335 of the Criminal Procedure Code, if the accused evaded court appearances or suffered from a mental or other serious long-term illness that precludes his participation in court proceedings, or was called up for military service during mobilization for a special period, the court suspends the court proceedings against such an accused until he is found, recovered or discharged from military service.
On this basis, courts often decide to suspend court proceedings. Including in cases where the accused were provided with free secondary legal aid.
And in such cases, lawyers cannot receive payment for the services they have already provided for an indefinite period of time. After all, according to the law, such payment and reimbursement of expenses is made only upon completion of the proceedings or in case of early termination of the power of attorney. And it formally continues to operate, because the FLA centers do not have the necessary authority to terminate it.
In view of the above, it is proposed to supplement part 1 of Article 23 of the Law «On Free Legal Aid» with a new ground for termination of FLA provision: «criminal proceedings in which a person is being provided with free secondary legal aid have been terminated».
The draft law and explanatory note to it are also available.
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