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Ministry of Justice

Republic of Uzbekistan

 On July 10, 2017 No. 324

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of June 29, 2017 No. 325

About the Size and procedure for remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or determination of court

According to part 9 of article 31 of the Law of the Republic of Tajikistan "About legal profession and lawyer activities" the Government of the Republic of Tajikistan decides:

1. Approve the Size and procedure for remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or to determination of court it (is applied).

2. To provide to the relevant ministries and departments execution of this resolution.

Prime Minister of the Republic of Tajikistan
Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of June 29, 2017, No. 325

The size and procedure for remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or determination of court

1. The size and procedure for remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or determination of court (further - the Procedure), is developed for the purpose of determination of procedure and amount of remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or determination of court (further - the lawyer).

2. The investigator, the investigator, the prosecutor, court, the judge shall provide participation of the free lawyer in case, in case of absence at the suspect, the person accused or the defendant of material opportunity on the basis of its petition to hire the lawyer on criminal cases, in the following cases if the suspect, the person accused or the defendant:

- is minor;

- owing to physical or mental defects cannot independently perform the right of defense;

- the suspect, the person accused or the defendant does not know language in which legal proceedings are conducted;

- the suspect, the person accused or the defendant is accused of crime execution for which as measure of punishment capital punishment or lifelong imprisonment can be appointed.

3. The suspect, the person accused or the defendant is considered not having material opportunity to hire the lawyer if its income on each family member is less than one indicator for calculations for month.

4. In the cases provided in Items 2 and 3 of this Procedure, the investigator, the investigator, the prosecutor or court, the judge can exempt the detainee, the suspect, the person accused or the defendant fully or partially from remuneration payment to the lawyer and to pay remuneration to the lawyer at the expense of the state.

5. Financial provision of the obligations connected with execution of this Procedure is provided in the local budget for the next financial year in the corresponding expenditure item.

6. The investigator, the investigator, the prosecutor, court, the judge issues the decree (determination) on release of the detainee, the suspect, the person accused or the defendant fully or partially from payment of legal aid and providing the lawyer and sends to lawyer forming of territorial authority of the Union of lawyers of the Republic of Tajikistan. Lawyer forming of territorial authority of the Union of lawyers of the Republic of Tajikistan quickly provides the lawyer for participation in criminal procedure.

7. Remuneration to the lawyer participating as the defender in criminal trial under the resolution of the investigator, investigator, prosecutor, judge or determination of court, on complete or partial payment of remuneration to the lawyer at the expense of means of the government budget. The resolution of the investigator, investigator, prosecutor, judge or determination of court is taken out upon termination of each instance of criminal trial.

8. This resolution or determination is certified by seal of relevant organ and goes to the relevant financial body for money transfer to the settlement account of lawyer forming. The specified means are transferred into the settlement account of lawyer forming no later than 30 days from the date of receipt of the relevant resolution (determination).

9. Participation of the lawyer those days which the lawyer was actually busy with accomplishment of the order on the corresponding criminal case regardless of employment duration during the day on criminal case, including during festive or the day off and at night are considered as time.

10. Amount of remuneration of the lawyer in one day of participation makes at least one indicator for calculations and no more than two indicators for calculations, and in one day of participation which is festive or in the day off, and also at night - at least two and no more than three indicators for calculations.

11. Bodies of inquiry, pretrial investigation or court taking into account degree of complexity of criminal case, establish amount of remuneration of the lawyer in one day of participation as the defender in criminal trial, being guided by the following criteria existing at the time of pronouncement of the relevant resolution (determination):

a) in the amount of two indicators for calculations in one day of participation for the criminal cases considered by the Supreme Court of the Republic of Tajikistan;

b) in the amount of two indicators for calculations, and also in one day of participation which is festive, in the day off or at night three indicators for calculations for criminal cases:

- concerning three or more suspects, persons accused or defendants;

- in case of brining a charge under three or more crimes;

- when the amount of the criminal case file makes more than three volumes;

c) one indicator for calculations, and also in one day of participation which is festive, in the day off or at night - two indicators for calculations for criminal cases:

- considered in the closed or field judicial sessions;

- concerning minors;

- concerning suspects, persons accused, defendants who are not knowing language in which legal proceedings are conducted;

- concerning suspects, persons accused or defendants who owing to physical or mental defects cannot independently perform the right of defense;

- on other criminal cases which are not provided by this Item.

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