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Legal aid guaranteed by the state

Law No. 198/2007 regulates the procedure for providing the legal aid guaranteed by the state to protect the rights and fundamental freedoms of an individual.

Considering the need to protect the right to a fair trial, established by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, including the need to ensure free and equal access to legal aid, by organizing and providing state-guaranteed legal aid, by reducing economic and financial impediments to achieving access to justice.

Basic Concepts

legal assistance guaranteed by the state – provision of legal and mediation services provided for by this law, at the expense of funds intended for the provision of such services to persons who do not have sufficient financial means to pay for these services and who meet the conditions determined by this law;

primary legal assistance – information on the legal system of the Republic of Moldova, current regulations, rights and obligations of legal entities, methods of exercising and using rights in court and out of court; legal advice; assistance in drafting legal documents; other forms of assistance that do not fall under the definition of qualified legal assistance;

qualified legal aid – provision of legal advice, representation and/or defense in criminal prosecution bodies, in courts in criminal cases, administrative offense cases, civil or administrative cases, representation in public administration bodies;

public lawyer – a person authorized in accordance with the Law on Advocacy to practice law, admitted on the basis of certain selective criteria to provide free or partially free qualified legal aid at the expense of funds intended for the provision of legal aid guaranteed by the state;

state-guaranteed mediation – free mediation services provided in accordance with this Law and the Mediation Law No. 137/2015 in criminal cases, offense cases and civil cases;

paralegal – a person who enjoys well-deserved authority in the local community, who, as a rule, has an incomplete legal education or a complete higher education, is not engaged in advocacy and is admitted, after completing special training, to provide primary legal assistance to community members at the expense of funds intended for the provision of legal assistance guaranteed by the state, in accordance with the regulation on the status and qualifications of paralegals.

Types of legal aid guaranteed by the state

a) primary legal aid;

b) qualified legal aid;

c) state-guaranteed mediation.

Principles of legal aid guaranteed by the state

a) equality of rights of all persons using such aid;

b) professional competence of persons providing such assistance;

c) quality, efficiency and cost-effectiveness of the services provided;

d) confidentiality;

e) inadmissibility of conflicts of interest.

State guarantees

In order to implement the principle of free access to legal assistance, the state ensures the organization and functioning of institutions responsible for providing legal assistance guaranteed by the state and allocates budgetary funds to pay for legal services provided in accordance with this law.

Persons entitled to legal assistance guaranteed by the state

(1) Legal assistance guaranteed by the state shall be provided to citizens of the Republic of Moldova within the limits established by this law.

(2) Foreign citizens and stateless persons shall benefit from legal assistance guaranteed by the state, in accordance with this law, in proceedings or cases within the competence of public administration bodies and courts of the Republic of Moldova.

(3) Legal entities registered in the Republic of Moldova may benefit from legal assistance guaranteed by the state, in accordance with the Criminal Procedure Code of the Republic of Moldova and this law.

Forms of legal assistance guaranteed by the state

a) informing, providing consultations and explanations on legal issues;

b) drafting legal documents;

c) representation in public administration bodies;

d) protecting the interests of the suspect, accused, defendant in criminal proceedings;

e) protection and representation of the interests of the convicted person;

e1) protection and representation of the interests of children who have become victims of crimes and victims of domestic violence;

f) protection of the interests of a person in proceedings on administrative offenses;

g) protection and representation of the interests of a person in civil proceedings;

h) protection and representation of the interests of a person in administrative proceedings and in administrative court proceedings;

i) mediation in criminal cases, cases on offenses and civil cases.

The National Council for State-Guaranteed Legal Aid is a legal entity of public law created to manage the process of providing state-guaranteed legal aid.

Legal basis of the Republic of Moldova