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LAW OF THE REPUBLIC OF MOLDOVA

of July 26, 2007 No. 198-XVI

About the legal aid guaranteed by the state

(as amended on 15-07-2022)

Considering need of protection of the right to fair trial affirmed by article 6 of the European Convention on human rights protection and fundamental freedoms including need of ensuring open and equal entry to legal aid by the organization and provision of the legal aid guaranteed by the state and also reducing financial and economic obstacles in realization of access to justice,

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of the law

This law regulates conditions, amount and procedure for provision of the legal aid guaranteed by the state for the purpose of protection of the rights and fundamental freedoms of the person and his legitimate interests.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used in value:

the legal aid guaranteed by the state - provision of the legal services provided by this law at the expense of the means intended for rendering such services to the persons which do not have sufficient financial resources for payment of these services and answering to the conditions determined by this law;

primary legal aid - informing on system of law of the Republic of Moldova, the existing regulations, the rights and obligations of persons of law, methods of realization and use of the rights in judicial and extrajudicial procedure; consultation on legal issues; help in creation of documents of legal nature; other forms of the help which are not falling under determination of qualified legal aid;

qualified legal aid - provision of legal advice bureaus, representation and/or protection in criminal prosecution authorities, in degrees of jurisdiction on criminal cases, cases on administrative offenses, civil or administrative cases, representation in bodies of public management;

the public lawyer - the person given according to the Law on legal profession the right to perform lawyer activities, allowed based on certain selection criteria to provision of free or partially free qualified legal aid at the expense of the means intended for provision of the legal aid guaranteed by the state;

the paralawyer - the person holding deserved authority in local community, having the incomplete legal education or complete higher education which is not engaged in lawyer activities and allowed after passing of special training to provision in associates of primary legal aid at the expense of the means intended for provision of the legal aid guaranteed by the state according to regulations on the status and qualification of paralawyers.

Article 3. Types of the legal aid guaranteed by the state

According to this law authorized persons provide the following types of the legal aid guaranteed by the state:

a) primary legal aid;

b) qualified legal aid.

Article 4. The principles of the legal aid guaranteed by the state

The legal aid guaranteed by the state is provided on the principles:

a) equalities in the rights of all persons using such help;

b) professional competence of persons providing such help;

c) qualities, efficiency and profitability of the provided services;

d) confidentiality;

e) inadmissibility of conflict of interest.

Article 5. Guarantees of the state

For the purpose of realization of the principle of open entry to legal aid the state provides the organization and functioning of the organizations responsible for provision of the legal aid guaranteed by the state and allocates budgetary funds for payment of the legal services provided according to this law.

Article 6. Persons having the right to the legal aid guaranteed by the state

(1) the Legal aid guaranteed by the state is provided to citizens of the Republic of Moldova in the limits established by this law.

(2) Foreign citizens and stateless persons use the legal aid guaranteed by the state according to this law in the processes or cases which are within the competence of bodies of public management and degrees of jurisdiction of the Republic of Moldova.

(3) the Legal entities registered in the Republic of Moldova can use the legal aid guaranteed by the state according to the Code of penal procedure of the Republic of Moldova and this law.

Article 7. Forms of the legal aid guaranteed by the state

The legal aid guaranteed by the state is provided in the following forms:

a) informing, giving consultations and explanations according to legal issues;

b) creation of documents of legal nature;

c) representation in bodies of public management;

d) protection of interests of the suspect, person accused, defendant of criminal procedure;

e) protection and representation of interests of the convict;

e-1) protection and representation of interests of the children who became the victims of crimes, and also victims of violence in family;

f) protection of interests of person in production on cases on administrative offenses;

g) protection and representation of interests of person in civil process;

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