The translation of this document is outdated.
Translation validity: 01.01.2019.–31.12.2023.
Amendments not included:
26.10.2023.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 June 2008 [shall come
into force on 16 July2008];
12 June 2009 [shall come into force on 1 July
2009];
21 October 2010 [shall come into force on 1 January
2011];
9 June 2011 [shall come into force on 18 June
2011];
4 August 2011 [shall come into force on 7 September
2011];
3 May 2012 [shall come into force on 30 May 2012];
10 December 2015 [shall come into force from 6 January
2016];
2 February 2017 [shall come into force from 1 March
2017];
6 September 2018 [shall come into force from 1 January
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
State Ensured
Legal Aid Law
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to promote the right of a natural
person to a fair court protection by ensuring State-guaranteed
financial support for the receipt of legal aid.
Section 2. Application of this
Law
This Law regulates the general rules for the provision of the
State-ensured legal aid (hereinafter - legal aid).
Section 3. Right to Legal Aid
(1) The following persons have the right to legal aid:
1) a citizen of Latvia;
2) a non-citizen of Latvia;
3) a stateless person;
4) a European Union citizen who is not a citizen of the
Republic of Latvia but resides legally in the Republic of
Latvia;
5) a third-country national (including a refugee and a person
who has been granted the alternative status in the Republic of
Latvia) who is not a citizen of a European Union Member State, if
he or she legally resides in the Republic of Latvia and has
received a permanent residence permit;
6) a person who has the right to legal aid ensured by the
Republic of Latvia in accordance with the international
agreements entered into by the Republic of Latvia;
7) an asylum seeker;
8) a person whose permanent place of residence or domicile is
one of the European Union Member States, in cross-boundary
disputes;
9) a foreigner who is subject to the removal process in the
cases and according to the procedures specified by the
Immigration Law (hereinafter - the foreigner to be removed).
(2) The natural persons referred to in Paragraph one, Clauses
1, 2, 3, 4 and 5 of this Section have the right to request legal
aid if:
1) they have obtained the status of a low-income or needy
person in accordance with the procedures specified by the laws
and regulations regarding the recognition of a natural person as
a low-income or needy person;
2) they find themselves suddenly in a situation and material
condition which prevents them from ensuring the protection of
their rights (due to a natural disaster or force majeure or other
circumstances beyond their control), or are on full support of
the State or local government (hereinafter - the special
situation).
(21) The natural persons referred to in Paragraph
one, Clauses 1, 2, 3, 4, 5, 6, and 8 of this Section have the
right to request legal aid in the relevant categories of matters
according to the exceptions of the rights to representation
referred to in Section 82.1 of the Civil Procedure Law
if the income of such persons does not exceed the minimum monthly
salary specified in the State, the state of property is
appropriate for the receipt of legal aid, and they have paid the
contribution for the receipt of legal aid. The Cabinet shall
determine in which cases the state of property and income level
of the persons referred to in Paragraph one, Clauses 1, 2, 3, 4,
5, 6, and 8 of this Section shall be regarded as appropriate for
the granting of legal aid in the abovementioned categories of
matters, and the procedures for the evaluation of such
persons.
(3) The natural persons referred to in Paragraph one, Clauses
6, 8 and 9 of this Section have the right to request legal aid if
these persons, taking into account their special situation or
state of property and income level, are unable to ensure the
protection of their rights. The Cabinet shall determine in which
cases the state of property and income level of the persons
referred to in Paragraph one, Clauses 6, 8 and 9 of this Section
shall be regarded as appropriate for the granting of legal aid,
and the procedures for the evaluation thereof.
(4) A legal representative of the child who is a citizen or
non-citizen of Latvia (hereinafter - the national of Latvia) has
the right to receive financial support for the protection of the
infringed or contested rights of a person or his or her interests
protected by the law which are related to discontinuation or
removal of the custody rights of the child (hereinafter - the
financial support) in a European Union Member State or a third
country (hereinafter together - the foreign state) in accordance
with the conditions and procedures provided for in Chapter
IV.2 of this Law.
[12 June 2009; 4 August 2011; 2 February 2017; 6 September
2018]
Section 4. Duties and Liability of
Legal Aid Applicants
(1) A person does not have the right to abuse his or her
status of a low-income or needy person, his or her special
situation, state of property and income level for the receipt of
legal aid.
(2) A person has the duty to request legal aid in a timely
manner, except where it has not been possible due to objective
circumstances.
(3) A person has the duty to co-operate during the procedure
of receiving legal aid, by submitting information and documents
to the Legal Aid Administration or legal aid provider in a timely
manner and in the amount requested.
(4) A person has the duty to inform the Legal Aid
Administration or legal aid provider in a timely manner, but not
later than one working day in advance, except where it has not
been possible due to objective circumstances, that he or she is
unable to attend a meeting with the legal provider or the court
sitting.
(5) During the period of receiving legal aid, a person has the
duty to submit documents to the Legal Aid Administration which
certify the compliance thereof with the requirements specified in
Section 3 of this Law in any of the following cases:
1) the period of validity of the previously submitted
documents has expired;
2) in the case referred to in Section 24 of this Law;
3) upon request by the Legal Aid Administration.
(6) The national of Latvia who has been granted the financial
support has a duty:
1) to submit the documents referred to in Section
14.10, Paragraph two, Clause 2 of this Law to the
Legal Aid Administration;
2) inform the Legal Aid Administration in a timely manner
regarding termination of proceedings regarding discontinuation or
removal of the custody rights of the child, as well as regarding
changes in the previously submitted information.
[3 May 2012; 30 May 2012; 2 February 2017 / Paragraph six
shall come into force on 1 April 2017. See Paragraph 20 of
Transitional Provisions]
Section 5. General Provisions for
Legal Aid
(1) The State shall ensure legal aid for the out-of-court and
in-the-court settlement of matters of legal nature or for the
protection of infringed or contested rights of a person or his or
her interests protected in the cases, ways and amounts provided
for by this Law.
(2) The State shall ensure legal aid for an asylum seeker in
the appeal procedures during the process of granting asylum. The
institution which is responsible for the examination of an
application for asylum shall ensure the evaluation of the need
for legal aid and the communication of the applicant for legal
aid with the provider of legal aid.
(21) In the cases specified by the Immigration Law
the State shall ensure legal aid within the scope of appeal of a
decision regarding the contested voluntary return decision or a
decision regarding the contested removal order to a foreigner to
be removed who is residing in the Republic of Latvia. The
institution which has detained the foreigner to be removed in the
cases and according to the procedures specified by the
Immigration Law shall ensure the communication of the person
requesting legal aid with the legal aid provider, who shall be
invited to provide legal aid in compliance with the list of legal
aid providers referred to in Paragraph 33.1 of this
Law. If the legal aid provider provides legal aid at its place of
practice, the communication of the legal aid applicant with the
legal aid provider shall be ensured by the Legal Aid
Administration.
(3) The State shall ensure legal aid to a person, evaluating
his or her conformity with the granting of legal aid, as well as
the submission of a person regarding legal aid and the
information indicated in the documents appended thereto, except
for the cases specified by law.
(31) In the case specified in Section 3, Paragraph
2.1 of this Law, the person shall make contribution
for the receipt of legal aid to the basic budget account of the
Legal Aid Administration. The amount of the contribution for the
receipt of legal aid and the procedures for paying and repaying
thereof shall be determined by the Cabinet.
(4) The expenses related to the ensuring of the legal aid
provided in accordance with the procedures specified by this Law
shall be covered from the State budget resources provided for
such purpose.
(5) The scope of legal aid shall be determined in hours and in
the form of specific activities. The Cabinet shall determine the
types and amount of legal aid, the amount of payment and the
reimbursable expenses related to the provision of legal aid and
the amount of and procedures for payment.
(6) In the cases specified by this Law, a person shall cover
all the costs related to legal aid in full. The costs for legal
aid are recovered from a person in the cases and in accordance
with the procedures laid down in this Law, the Criminal Procedure
Law, and the Civil Procedure Law.
(7) The State shall not cover the costs related to conducting
a matter, except for the costs for legal aid and costs related
thereto.
(8) In exceptional cases, legal aid shall be provided
additionally to the type and amount of legal aid specified by
this Law, taking into account the provisions referred to in
Section 6, Paragraphs five and six of this Law, if the refusal of
legal aid would significantly restrict the fundamental rights of
a person guaranteed by the Constitution of the Republic of
Latvia.
[12 June 2009; 4 August 2011; 10 December 2015; 6 September
2018]
Section 6. Grounds for Refusal of
Legal Aid
Legal aid shall be refused if:
1) the person does not conform to the criteria referred to in
Section 3 of this Law;
2) this Law does not provide for the respective case for
ensuring legal aid;
3) the legal aid requested by a person is unfounded;
4) a person has not requested legal aid in a timely
manner;
5) a competent authority has assisted a person by indicating
the options for solving the legal situation, preparing the
documents necessary for the protection or implementation of the
protection of the rights of the person or by providing aid of
another kind, which indicates that legal aid is no longer
necessary;
6) during the last two years since the previous application
for legal aid the provision of legal aid to a person has been
suspended due to the fact that, in applying for legal aid, he or
she had provided false information;
7) the person who was bound to cover the expenses related to
legal aid has not done it within the time period and in the
amount specified;
8) it concerns a claim directly linked to the economic
activities or commercial activities of the person, or independent
professional activities, except for the case when the provision
of legal aid is necessary in Constitutional Court
proceedings;
9) it is related to customs or tax issues, except for the case
when the provision of legal aid is necessary in Constitutional
Court proceedings;
10) it concerns a claim regarding defamation and injuring
dignity;
11) it is related to the compensation of moral detriment,
except for the case when provision of legal aid is related to
reimbursement of moral detriment caused to the victim as a result
of a criminal offence;
12) a dispute is settled in a court of arbitration or by using
other alternative mechanisms for the settlement of disputes;
13) [10 December 2015];
14) it concerns a claim related to luxury items or luxury
services;
15) the costs related to the provision of legal aid are
incommensurably high in comparison with the amount of the
claim;
16) a decision has been taken in respect of a person regarding
the suspension of the provision of legal aid, based on Section
33, Paragraph seven, Clause 4 of this Law and a year has not
passed since the taking of this decision;
17) an opinion has been received from the legal aid provider
regarding the ineffectiveness of further legal aid;
18) the conditions for receipt of legal aid specified in
Section 9.1, Paragraph one of this Law have not become
applicable to the person.
[12 June 2009; 3 May 2012; 10 December 2015; 6 September
2018]
Chapter
II
Legal Aid Administration
Section 7. Legal Aid
Administration
The Legal Aid Administration shall be the institution
responsible for the provision of legal aid in the cases and
according to the procedures specified by this Law. The Legal Aid
Administration is a direct administration institution which is
subordinate to the Ministry of Justice.
[19 June 2008]
Section 8. Basic Tasks of Legal Aid
Administration
The basic tasks of the Legal Aid Administration shall be the
following:
1) to disburse resources intended for legal aid in accordance
with the procedures specified by laws and regulations and to
administer the contributions of persons for the receipt of legal
aid;
2) to ensure purposeful and efficient utilisation of the State
budget funds;
3) in the cases specified by law, to recover the State budget
funds granted for the ensuring of legal aid.
[6 September 2018]
Chapter
III
Extrajudicial Legal Aid
Section 9. Extrajudicial Legal
Aid
The State shall ensure legal consultations and the drawing up
of procedural documents:
1) for the protection of the infringed or contested rights of
a person or his or her interests protected by the law in a civil
legal dispute;
2) [21 October 2010];
3) in order to prepare an application or a claim to the court
or a settlement document, if a person is involved in a dispute of
legal nature in which legal proceedings are possible.
[12 June 2009; 21 October 2010]
Chapter
III.1
Legal Aid in Constitutional Court Proceedings
[6 September 2018]
Section 9.1 Provision of
Legal Aid in Constitutional Court Proceedings
(1) The State shall ensure legal aid in Constitutional Court
proceedings for a person upon the constitutional complaint of
which the Constitutional Court has taken the decision to refuse
to initiate a case, indicating the lack of legal grounds or its
clear insufficiency for satisfaction of the claim as the only
basis for such decision.
(2) The person may submit the submission for legal aid in
Constitutional Court proceedings not later than two months prior
to the expiry of the time period for the submission of a
constitutional complaint.
[6 September 2018]
Section 9.2 Types of
Legal Aid in Constitutional Court Proceedings
The State shall ensure the following in Constitutional Court
proceedings:
1) legal consultations;
2) preparation of procedural documents;
3) provision of legal aid at a court hearing.
[6 September 2018]
Chapter
IV
Legal Aid in Civil Matters
Section 10. Provision of Legal Aid
in Civil Matters
A person may request legal aid in civil matters until the
coming into effect of the court ruling.
[12 June 2009]
Section 11. Types of Legal Aid in
Civil Matters
The State shall ensure the following legal aid during legal
proceedings in a civil matter:
1) legal consultations;
2) the drawing up of procedural documents;
3) representation in court.
[12 June 2009]
Section 12. Concept of a
Cross-border Dispute
[12 June 2009]
Section 13. Forwarding of a
Submission in a Cross-border Dispute
[12 June 2009]
Section 14. Examination of
Submissions Received in Cross-border Disputes
[12 June 2009]
Chapter
IV.1
Legal Aid in Cross-border Disputes
[12 June 2009]
Section 14.1 Concept of a
Cross-border Dispute
A cross-border dispute is a dispute in which the permanent
residence or domicile of the persons referred to in Section 3,
Paragraph one, Sub-clause 8 of this Law applying for legal aid at
the time of receipt of the respective application for legal aid
is not in a state where the court sitting takes place or the
court ruling is to be enforced.
[3 May 2012]
Section 14.2 Provision of
Legal Aid in Cross-border Disputes
(1) The State shall ensure legal aid in cross-border disputes
outside the court and in the court.
(11) The Legal Aid Administration shall not ensure
legal aid to foreign requesters and applicants in the cases
specified in Council Regulation (EC) No 4/2009 of 18 December
2008 on jurisdiction, applicable law, recognition and enforcement
of decisions and cooperation in matters relating to maintenance
obligations and the Hague Convention of 23 November 2007 on the
International Recovery of Child Support and Other Forms of Family
Maintenance. In such cases legal aid shall be ensured by the
Maintenance Guarantee Fund administration in accordance with the
procedures and amount specified by the Maintenance Guarantee Fund
Law.
(2) The grounds for refusal of legal aid specified in Section
6, Clauses 5, 10, 11, 12, 13, 14 and 15 of this Law shall not be
applicable to the receipt of legal aid in cross-border
disputes.
(3) A person may apply for legal aid in a cross-border dispute
whilst a court ruling or public act has not been enforced.
[9 June 2011; 3 May 2012 / See Paragraph 18 of
Transitional Provisions]
Section 14.3 Types of
Legal Aid in Matters of Cross-border Disputes
(1) The State shall ensure the following in matters of
cross-border disputes:
1) legal consultations;
2) the drawing up of procedural documents;
3) representation in court.
(2) In addition to that referred to in Paragraph one of this
Section, a person has the right to receive the following:
1) services of an interpreter;
2) a translation of such document requested by the court or
the competent authority and submitted by the recipient of legal
aid, which is necessary for adjudication of the matter;
3) the payment of such expenses which are related to
attendance at court sittings, if the presence of the person in
court is provided for in law or if the court requests it,
deciding that the relevant person cannot be heard in another
way.
Section 14.4 Submission
and Forwarding of Submissions in a Cross-border Dispute
(1) If a person whose permanent place of residence or domicile
is the Republic of Latvia wishes to receive legal aid in a
cross-border dispute, he or she shall submit the relevant
submission to the Legal Aid Administration.
(2) The Legal Aid Administration shall forward the submission
referred to in Paragraph one of this Section within seven days
from the day of receipt of the translation thereof to the
competent authority of another state.
(3) The Legal Aid Administration shall refuse to forward the
submission if it not related to a cross-border dispute. A person
may dispute this decision in accordance with the procedures
specified in Section 26 of this Law.
Section 14.5 Examination
of Submissions Received in Cross-border Disputes
(1) If the Legal Aid Administration receives a submission for
legal aid forwarded by the competent authority of another state,
it shall be examined in accordance with the general
procedures.
(2) The special situation of a person shall be evaluated by
the same criteria that are used in examination of applications
for legal aid not related to cross-border disputes.
(3) The conformity of the state of property and income level
with the receipt of legal aid shall be evaluated in accordance
with the Cabinet regulations provided for in Section 3, Paragraph
three of this Law.
(4) A person who wishes to receive legal aid in a cross-border
dispute may request legal aid also if he or she proves that he or
she is unable to pay the expenses related to legal aid due to the
differences in the welfare level between the state of his or her
permanent residence or domicile and the state where the court
sitting is taking place.
Chapter
IV.2
Granting and Ensuring of the Financial
Support to the Nationals of Latvia for the Protection of the
Infringed or Contested Rights of a Person or his or her Interests
Protected by the Law which are Related to Discontinuation or
Removal of the Custody Rights of the Child in Foreign States
[2 February 2017 / Chapter
shall come into force on 1 April 2017. See Paragraph 20 of
Transitional Provisions]
Section 14.6 Ensuring of
the Financial Support
(1) The State shall ensure the financial support to the
nationals of Latvia for the protection of the infringed or
contested rights of a person or his or her interests protected by
the law which are related to discontinuation or removal of the
custody rights of the child, by paying for the following in
relation to a legal aid provider in foreign states:
1) legal counsel;
2) representation in legal proceedings or an institution in
reviewing a decision taken thereby, if the laws and regulations
of the foreign state do not provide for court proceedings in such
processes. Representation shall be paid for if after the legal
aid provider in foreign states has provided a legal counsel, his
or her statement regarding usefulness and necessity of
representation has been received.
(2) The national of Latvia has the right to receive the
financial support in the case indicated in Paragraph one of this
Section if:
1) he or she does not fall within the range of subjects who
have the right to receive legal aid in the relevant foreign
state, except for non-compliance with the criteria of financial
situation;
2) there is no legal aid system in the foreign state or legal
aid is not provided for in the relevant category of matters;
3) he or she falls within the range of subjects who have the
right to receive legal aid in the relevant foreign state, has
turned to the competent authority of the relevant state for
receipt of such aid, however, the appointed legal aid provider of
the foreign state has recognised that legal aid is not useful in
the matter or it is not possible to initiate or continue
provision of legal aid due to circumstances beyond control of the
national of Latvia;
4) upon existence of the circumstances referred to in
Paragraph two, Clause 1, 2 or 3 of this Section, the national of
Latvia has agreed on conducting the matter with a legal aid
provider in foreign states.
(3) The amount of the financial support, the conditions and
procedures for disbursement thereof shall be determined by the
Cabinet.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Section 14.7 Submitting
of a Submission
(1) If the national of Latvia wishes to receive the financial
support, he or she shall submit a relevant submission to the
Legal Aid Administration.
(2) The sample forms of the submission for receipt of the
financial support and the procedures for submitting sample forms
shall be approved by the Cabinet.
(3) The following shall be appended to the submission:
1) the documents certifying that the foreign competent
authority has warned the person or has initiated proceedings
regarding discontinuation or removal of the custody rights of the
child;
2) a refusal of the foreign state to ensure legal aid or a
certification that there is no legal aid system in the foreign
state or legal aid in the relevant category of matters is not
provided for;
3) information regarding the legal aid provider in accordance
with Section 14.6, Paragraph two, Clause 4 of this
Law, indicating the given name, surname or the name of the legal
aid provider, the address of the practice and contact
information, certified copies of the agreement regarding
provision of legal aid in which the type of legal aid is
indicated, and of the document certifying the right of the legal
aid provider to provide legal aid in a foreign state.
(4) The national of Latvia shall submit the submission in
Latvian language, appending the documents referred to in
Paragraph three of this Section. The Legal Aid Administration
shall ensure translation of such documents issued by the court,
competent authority or legal aid provider of the foreign state
which are necessary for the Legal Aid Administration to be able
to take a decision to ensure the financial support, as well as
translation of the letter of guarantee referred to in Section
14.10 of this Law.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Section 14.8 Examination
of a Submission and Taking of a Decision
(1) The Legal Aid Administration shall examine a submission
within 14 days from the day of receipt of the submission - or in
case if translation of the documents appended to the submission
is necessary - from the day of receipt of the translation of such
documents, and shall decide on granting of the financial
support.
(2) If the submission does not conform to the requirements of
Section 14.7 of this Law, the Legal Aid Administration
shall request correction of the detected deficiencies, specifying
a deadline which may not be less than 14 days. In such case the
Administration shall take a decision regarding granting the
financial support or refusal to grant it within 14 days from the
day when all the necessary information or documents have been
submitted or the deadline for their submission has expired.
(3) The Legal Aid Administration shall take a decision
regarding refusal to grant the financial support if the
person:
1) does not comply with the criteria referred to in Section
14.6, Paragraphs one and two of this Law;
2) has not initially addressed the foreign competent authority
with a request to ensure legal aid, except for the case when
there is no legal aid system in the foreign state or when the
legal aid in the relevant category of matters is not provided
for;
3) requests the financial support in a matter which is not
related to discontinuation or removal of the custody rights of
the child in a foreign state;
4) requests the financial support in the matter in which the
foreign competent authority has not issued a warning and has not
initiated proceedings regarding discontinuation or removal of the
custody rights of the child;
5) has not submitted the indicated information or documents
within the time period indicated by the Legal Aid
Administration.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Section 14.9 Procedures
for the Contest and Appeal of the Decision
The national of Latvia may contest and appeal the decision of
the Legal Aid Administration on refusal to grant the financial
support in accordance with the procedures laid down in Section 26
of this Law.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Section 14.10 Letter of
Guarantee of the Legal Aid Administration
(1) The Legal Aid Administration shall, within 14 days after
it has taken a decision regarding granting the financial support,
prepare a letter of guarantee regarding granting of the financial
support for payment for the legal aid provided in foreign states
of the legal aid provider.
(2) In the letter of guarantee the Legal Aid Administration
shall:
1) indicate the person who has been granted the financial
support, and the category of the matter in which the financial
support has been granted;
2) inform regarding the amount, disbursement conditions and
procedures of the financial support granted, as well as regarding
the necessity to submit documents to the Legal Aid Administration
certifying that the legal aid provider in foreign states has
provided legal counsel or ensured representation to the national
of Latvia.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Section 14.11
Discontinuation of the Financial Support
The Legal Aid Administration shall discontinue provision of
the financial support and inform the national of Latvia, if he or
she has not submitted to the Legal Aid Administration the
document referred to in Section 14.10, Paragraph two,
Clause 2 of this Law certifying provision of legal aid.
[2 February 2017 / Section shall come into force from 1
April 2017. See Paragraph 20 of Transitional Provisions]
Chapter V
Legal Aid in Administrative Matters
Section 15. Provision of Legal Aid
in Administrative Matters
The State shall ensure legal aid in administrative matters and
a person may request legal aid until the coming into effect of
the final court ruling:
1) in the appeal procedures during the process of granting
asylum;
2) within the scope of appeal of a decision regarding the
contested voluntary return decision or a decision regarding the
contested removal order;
3) within the scope of appeal of a decision of the Orphan's
and Custody Court on the protection of the rights and legal
interests of the child;
4) in the case and in accordance with the procedures laid down
in the Administrative Procedure Law.
[10 December 2015; 2 February 2017]
Section 16. Types of Legal Aid in
Administrative Matters
The State shall ensure the following in administrative
matters:
1) legal consultations;
2) the drawing up of procedural documents;
3) representation in court.
[12 June 2009]
Chapter
VI
Legal Aid in Criminal Matters
Section 17. Provision of Legal Aid
in Criminal Matters
A person who, in accordance with the law, has the right to
defence and representation may request legal aid until the time
of the coming into effect of the final court ruling.
[12 June 2009]
Section 18. Types of Legal Aid in
Criminal Matters
The State shall ensure the following in criminal matters:
1) [21 October 2010];
2) the drawing up of procedural documents in criminal
proceedings;
3) defence or representation in a criminal proceeding.
[12 June 2009; 21 October 2010]
Section 19. Provision of Defence
(1) A State-ensured advocate shall be called for the defence
of a person in criminal proceedings in the cases and according to
the procedures specified by the Criminal Procedure Law.
(2) The procedures by which the submission for legal aid
specified by this Law shall be submitted and examined and a
decision taken regarding the granting of legal aid or the refusal
to grant legal aid shall not apply to the provision of defence in
criminal proceedings.
[19 June 2008 / The new wording of Section shall come into
force on 1 January 2009. See the Transitional Provisions]
Section 20. Provision of
Representation
(1) A State-ensured advocate for the representation of a
person in criminal proceedings shall be invited in the cases and
according to the procedures specified by the Criminal Procedure
Law.
(2) The procedures by which the submission for legal aid
specified by this Law shall be submitted and examined and a
decision taken regarding the granting of legal aid or the refusal
to grant legal aid shall not apply to the provision of
representation in criminal proceedings.
[21 October 2010]
Chapter
VII
Procedures for Provision of Legal Aid
Section 21. Competent Authority
The Legal Aid Administration shall examine submissions
regarding legal aid, take decisions regarding granting legal aid
or refusal to grant it, and notify the decision to the submitter,
as well as in the cases specified by this Law appoint the legal
aid provider.
[2 February 2017]
Section 22. Submission for Legal Aid
and Information Regarding Legal Aid
(1) A person who wishes to receive legal aid shall submit the
following:
1) a submission for legal aid - a completed legal aid
application form;
2) if necessary, copies of the documents certifying the
information referred to in the form;
3) documents certifying the conformity of the person for
receipt of legal aid.
(2) The Cabinet shall approve the sample legal aid
application.
(3) A person may receive the legal aid application form, as
well as information regarding the completion of the form and the
documents to be attached thereto at the Legal Aid Administration
or in the local government in the administrative territory of
which the person has his or her declared place of residence or
where he or she legally resides.
(4) The legal aid application form and information regarding
the completion thereof shall be issued free of charge.
(5) A person shall submit a submission for legal aid (a
completed legal aid application form) to the Legal Aid
Administration.
(51) The foreigner to be removed shall submit a
submission regarding the request for legal aid and income (within
the meaning of this Law - a submission for legal aid) in the
cases and according to the procedures specified by the
Immigration Law.
(6) A person may receive information regarding legal aid in
the appeal procedures during the granting of asylum from the
institution which is responsible for examination of the asylum
submission.
(61) A person may receive information in respect of
a legal aid for the appeal of a decision regarding the contested
voluntary return decision or a decision regarding the contested
removal order in the cases and according to the procedures
specified by the Immigration Law.
(7) If a decision has been taken regarding the granting of
legal aid, a person has received legal aid, but the scope of
legal aid specified in the Cabinet regulations provided for in
Section 5, Paragraph five of this Law has not been fully used and
the person wishes to receive further legal aid, he or she shall
submit a submission to the Legal Aid Administration regarding
further legal aid and, if necessary, copies of the documents
which certify the information referred to in the submission.
(71) If the foreigner to be removed has not
requested legal aid in accordance with the procedures specified
by the Immigration Law and wishes to receive legal aid in
administrative matters in the appeals procedure, he or she shall
submit the submission for legal aid specified in the Immigration
Law in accordance with the procedures specified by this Law. The
Legal Aid Administration shall examine the abovementioned
submission within the time period specified in Section 23,
Paragraph one of this Law.
[12 June 2009; 4 August 2011; 3 May 2012; 10 December 2015;
6 September 2018]
Section 23. Procedures by which
Submissions for Legal Aid and Submissions for Further Legal Aid
are Examined
(1) The Legal Aid Administration shall, within 21 days, but in
matters which affect the rights of children, within 14 days from
the day when a submission for legal aid or a submission for
further legal aid was received, evaluate the necessity and scope
for the provision of legal aid and take a decision regarding the
granting of or refusal to grant legal aid.
(11) Within 10 days following the receipt of a
submission for legal aid from the institution which has taken the
decision regarding a contested voluntary return decision or the
decision regarding the contested removal order, in accordance
with the procedures specified by the Immigration Law the Legal
Aid Administration shall evaluate the relevant submission and
take a decision regarding the granting of legal aid or regarding
the refusal to grant legal aid in compliance with the conditions
and procedures referred to in this Law. The relevant institution
shall also be notified of the decision taken.
(2) If the Legal Aid Administration determines that additional
information is necessary in order to take a decision, it shall,
within seven days from the day of receipt of the submission,
request additional information from the legal aid applicant and,
if necessary, the provider of legal aid, State and local
government institutions, informing the legal aid applicant
thereof.
(3) Requesting additional information shall suspend the time
period for taking of the decision referred to in Paragraphs one
and 1.1 of this Section.
(4) If the Legal Aid Administration does not receive the
information requested from a legal aid applicant within 15 days,
it shall decide to refuse the granting of legal aid.
(5) A decision regarding the granting of or refusal to grant
legal aid shall be an administrative act.
(6) The decision of the Legal Aid Administration regarding the
granting of legal aid shall indicate the scope of the legal aid
granted, the appointed legal aid provider, the place and time for
the first meeting of the legal aid applicant and the provider,
except the case referred to in Section 33, Paragraph three of
this Law.
(7) A decision regarding the granting of legal aid in the part
regarding the appointing of a legal aid provider shall not be an
administrative act.
(8) The Legal Aid Administration shall leave a submission for
legal aid or a submission for further legal aid without
examination if:
1) a person revokes the submission for legal aid or the
submission for further legal aid in writing;
2) a person who has submitted the submission for legal aid or
the submission for further legal aid has died.
(9) The procedures for submitting and examining a submission
laid down in this Law shall not apply to ensuring legal aid in
the appeal procedures during the process of granting asylum and
to administrative matters in which legal aid must be granted in
the case and in accordance with the procedures laid down by the
Administrative Procedure Law.
[12 June 2009; 4 August 2011; 10 December 2015; 2 February
2017]
Section 23.1 Procedures
by which Submissions for Legal Aid are Examined in Cases where
the Representative, upon Examining the Case on the Merits, May Be
Only an Advocate
(1) The Legal Aid Administration shall, within one month from
the day when the submission for legal aid or submission for
further legal aid has been received, if the person requests it in
the case referred to in Section 3, Paragraph 2.1 of
this Law, evaluate the need for legal aid and the scope thereof,
and shall take the decision to grant the legal aid or to refuse
to grant it.
(2) If the Legal Aid Administration determines that additional
information is necessary in order to take a decision, it shall,
within 14 days from the day of receipt of the submission, request
additional information from the legal aid applicant and, if
necessary, from the provider of legal aid, State and local
government institutions, and inform the legal aid applicant
thereof.
(3) In the decision to grant the legal aid the Legal Aid
Administration shall indicate the scope of legal aid granted and
the time until which the contribution for the receipt of legal
aid should be made.
(4) If the contribution for the receipt of legal aid has been
received, the Legal Aid Administration shall prepare an order for
the provider of legal aid within seven days. If the contribution
for the receipt of legal aid has not been received, the Legal Aid
Administration shall take the decision to suspend the legal aid
granted in accordance with that laid down in Section 33,
Paragraph seven of this Law.
(5) Conditions of Section 23, Paragraphs three, four, five,
seven, and eight of this Law shall be applied when examining a
submission.
[6 September 2018]
Section 24. Changes in
Information
A legal aid applicant has a duty to notify the Legal Aid
Administration regarding the changes in the information referred
to in a submission immediately, but not later than within a
period of seven days after learning thereof.
Section 25. Notification of the
Decision
A decision regarding the granting of or refusal to grant legal
aid shall be notified in writing, sending such notification to
the address indicated by the legal aid applicant or delivering it
in person. A decision regarding the granting of legal aid shall
also be notified to the legal aid provider, except for the case
referred to in Section 33, Paragraph three of this Law.
[12 June 2009]
Section 26. Procedures for
Contesting and Appeal of Decisions
(1) A person may contest and appeal a decision of the Legal
Aid Administration to grant legal aid or refuse to grant legal
aid in accordance with the procedures specified by the
Administrative Procedure Law.
(2) The ruling of an administrative district court may be
appealed by submitting a cassation complaint to the Department of
Administrative Cases of the Supreme Court. The cassation
complaint shall be examined by written procedure, and shall not
require the consent of the administrative procedure
participants.
[3 May 2012; 6 September 2018]
Section 27. Repeated Examination of
a Submission
(1) A person may not re-submit a submission for legal aid in a
case regarding the same subject and on the same grounds except
for the cases referred to in Paragraph two of this Section.
(2) A repeated submission for legal aid in a case regarding
the same subject and on the same grounds is permitted only if the
person has executed the decision of the Legal Aid Administration
regarding the payment of the expenditure related to the provision
of former legal aid, if such decision was taken and at least one
of the following cases exists:
1) essential changes in the special situation, state of
property or income level of a person have occurred;
2) a person has acquired the status of a low-income or needy
person.
(3) Upon determining that a submission for legal aid in a case
concerns the same subject and the same grounds, the Legal Aid
Administration shall not examine it but return such submission to
the person.
[3 May 2012]
Section 28. Legal Aid Register
(1) The Legal Aid Register shall be created and maintained by
the Legal Aid Administration.
(2) The Cabinet shall determine the procedures for the setting
up of the Legal Aid Register, the scope of and access to the
information to be included therein.
[10 December 2015]
Chapter
VIII
Legal Aid Providers
Section 29. Legal Aid Contract and
the Entering into thereof
(1) A legal aid contract is a contract of public law, which
shall be entered into by the Legal Aid Administration with a
legal aid provider.
(2) The following shall be indicated in a legal aid
contract:
1) the contracting parties;
2) the competence of a legal aid provider;
3) what type of legal aid the legal aid provider undertakes to
provide;
4) the liability of the contracting parties;
5) the procedures for settling of accounts and provisions
regarding the granting of financial and other resources;
6) the procedures for the quality control of the legal aid
provider;
7) the term of validity of the contract;
8) the conditions of co-operation;
9) other essential conditions of the contract.
(3) A legal aid contract shall be entered into for a period
not exceeding three years.
(4) A legal aid contract shall not be entered into with a
person wishing to provide legal aid, if the Legal Aid
Administration has previously given notice of termination of a
legal aid contract, except where the legal aid contract has been
terminated based on Section 29.1, Paragraph two,
Clause 1 of this Law and the person has been acquitted or
criminal proceedings have been terminated due to the
circumstances exonerating the person.
(5) A legal aid contract may not be entered into with the
person referred to in the introductory part of Section 30,
Paragraph one, Clause 5 of this Law, if this person does not
comply with any of the requirements referred to in Section 30,
Paragraph one, Clause 5, Sub-clauses a, b, c or d, or if any of
the circumstances referred to in Section 29.1,
Paragraph two, Clauses 1, 2, 3, 4 or 5 of this Law are
determined.
[3 May 2012]
Section 29.1 Termination
of a Legal Aid Contract
(1) A legal aid contract shall be terminated:
1) upon expiry of the time period of the contract;
2) by a notice of termination of one party;
3) upon mutual agreement of both parties;
4) upon the death of the legal aid provider.
(2) The Legal Aid Administration shall terminate a legal aid
contract with the legal aid providers referred to in Section 30,
Paragraph one of this Law in any of the following cases:
1) the legal aid provider is a person on trial, accused or
suspect in criminal proceedings for committing a criminal
offence;
2) the legal aid provider has been punished for committing a
criminal offence irrespective of the extinguishment or setting
aside of a criminal record;
3) the legal aid provider has been convicted of committing a
criminal offence but has been released from serving the
punishment on the basis of limitation, amnesty or clemency;
4) criminal proceedings against the legal aid provider for
committing a criminal offence have been terminated on the basis
of limitation, amnesty or clemency;
5) the legal aid provider has been debarred from the number of
sworn advocates or their assistants, dismissed from the office of
a prosecutor or discharged from the office of a sworn bailiff or
assistant thereof, from the office of a sworn notary, an
assistant thereof or the office of a judge;
6) the legal aid provider has refused to provide legal aid
without grounds or does not provide legal aid in conformity with
the order, or does not respond to requests from the Legal Aid
Administration to provide legal aid;
7) during the period indicated in the order the legal aid
provider repeatedly cannot be reached at the address of the
provision of legal aid and has not informed the Legal Aid
Administration regarding a change in the address;
8) violations of other conditions in this Law and the legal
aid contract have been determined in the actions of the legal aid
provider (for example, the legal aid provider does not fulfil the
conditions of the legal aid contract thoroughly or in a timely
manner or has not submitted a notification in a timely manner to
the Legal Aid Administration regarding the execution of its
order) which could be grounds for the termination of the legal
aid contract.
(3) Not later than one month following the expiry of the
validity of the contract, the Legal Aid Administration shall
evaluate the co-operation with a legal aid provider and take a
decision regarding the re-entering into a legal aid contract.
[3 May 2012]
Section 30. Legal Aid Providers
(1) A contract regarding the provision of legal aid may be
entered into with:
1) a person who, in accordance with Section 4 of the Advocacy
Law, may be an advocate in the Republic of Latvia;
2) a sworn notary;
3) a sworn bailiff;
4) a state-recognised higher education institution which has
been implementing an accredited study programme for not less than
five years, as a result of completing of which a lawyer
qualification is awarded and in which a course or unit
established for providing of legal aid is headed by a Doctor of
Law;
5) a natural person with the capacity to act, who meets all
the following requirements:
a) he or she has completed an accredited study programme in
law in a higher education institution (academic study programme
in law or a second-level higher vocational study programme in law
and a lawyer qualification),
b) he or she is fluent in the official language;
c) he or she is of good repute;
d) he or she has worked in a law specialty for at least five
years following the acquisition of the qualification referred to
in Sub-clause a) of this Clause;
6) an association or foundation registered in the Register of
Associations and Foundations, which conform to the following
requirements:
a) it has ensured the provision of legal aid continuously for
at least five years;
b) it ensures that a person who complies with the requirements
referred to in Paragraph one, Clauses 1, 2, 3 or 5 of this
Section provides legal aid;
c) it has not had insolvency or proceedings proclaimed or
initiated;
d) it has no tax and mandatory State social insurance
contribution debts;
e) no illegal activities have been determined in the
professional activities thereof.
(2) The persons referred to in Paragraph one of this Section
may provide legal aid after entering into a legal aid contract
with the Legal Aid Administration.
(3) [3 May 2012]
[3 May 2012]
Section 31. Procedures by which
Submissions for Entering into Legal Aid Contracts are
Examined
(1) The persons referred to in Paragraph one, Section 30 of
this Law who wish to provide legal aid shall submit a submission
to the Legal Aid Administration regarding the entering into of a
legal aid contract, appending the documents certifying the
information indicated therein. The Cabinet shall approve the
standard form of the submission.
(2) The Legal Aid Administration shall evaluate the conformity
of information with the information indicated in a submission and
check the information regarding the reputation and qualification
of a person.
(3) On inspecting the reputation of the persons referred to in
Section 30, Paragraph one, Clause 5 of this Law, the Legal Aid
Administration has the right to request information regarding the
conditions of Section 29.1, Paragraph two, Clauses 1,
2, 3, 4 and 5, as well as regarding the administrative violations
committed by the person.
(4) If the Legal Aid Administration requires additional
information in order to take a decision regarding the entering
into of a legal aid contract, the time period referred to in
Paragraph five of this Section shall be suspended until the
receipt of the information requested by the Legal Aid
Administration.
(5) If the Legal Aid Administration determines that a person
is qualified, of good repute and conforms with a category of
persons referred to in Section 30, Paragraph one of this Law,
within one month after the receipt of a submission, it shall take
a decision regarding the entering into of a legal aid contract
with the definite person. The Legal Aid Administration shall
notify the person in question regarding the decision taken.
(6) A person may contest and appeal a decision of the Legal
Aid Administration regarding the entering into of a legal aid
contract, the refusal to enter into a legal aid contract or the
termination of a legal aid contract in accordance with the
procedure specified in Section 26 of this Law.
[3 May 2012]
Section 31.1 Evaluation
of the Provider of Legal Aid
(1) On taking a decision regarding the entering into of a
legal aid contract, the Legal Aid Administration shall evaluate
the compliance of a person with the requirements specified in
Section 30 of this Law, as well as the skills and reputation of
the person. On taking a decision regarding the entering into of a
legal aid contract with the person referred to in Section 30,
Paragraph one, Clause 5 of this Law, the Legal Aid Administration
shall in addition evaluate the circumstances referred to in
Section 29, Paragraph five of this Law.
(2) On taking a decision regarding the re-entering into a
legal aid contract or evaluating the termination of a legal aid
contract, the Legal Aid Administration shall, in addition to that
specified in Paragraph one of this Section, evaluate the
co-operation with the legal aid provider during the period of
operation of the legal aid contract, the complaints received from
the legal aid applicant regarding the quality and communication
of the operations of the legal aid provider, the timeliness and
quality of the performance of the duties specified in the legal
aid contract, as well as the circumstances referred to in Section
29.1, Paragraph two of this Law.
[3 May 2012]
Section 32. Duties and Liability of
a Legal Aid Provider
(1) A legal aid provider shall provide legal aid in accordance
with the conditions of this Law and a legal aid contract.
(2) A legal aid provider is liable for the quality of the
legal aid provided in accordance with the conditions of this Law,
other laws and regulations and a legal aid contract.
(3) A legal aid provider is liable for losses incurred as a
result of his or her professional activity.
(4) The Legal Aid Administration has the right to recover
losses from a legal aid provider in accordance with the procedure
specified in Section 35 of this Law, which have been incurred as
a result of his or her professional activity.
(5) A legal aid provider may not refuse to provide legal aid,
except for the case where the requested legal aid does not
conform to the conditions of the legal aid contract or ethical
considerations or restrictions provided for by laws and
regulations do not permit such aid. A legal aid provider shall
immediately notify the Legal Aid Administration accordingly.
(6) A legal aid provider has the duty to inform the Legal Aid
Administration if the non-compliance of the legal aid recipient
with the conditions referred to in Section 3 of this Law has been
determined.
(7) A legal aid provider shall observe confidentiality and,
observing the conditions specified in this Law and in a legal aid
contract, shall not disclose information to a third party which
has become known thereto.
(8) A legal aid provider has a duty to inform the court in a
timely manner regarding provision of legal aid in a matter, as
well as regarding suspension of provision of legal aid.
[3 May 2012; 10 December 2015]
Section 33. Assignment of Legal Aid
Provider
(1) When taking a decision regarding the granting of legal
aid, the Legal Aid Administration shall assign a legal aid
provider to a specific matter.
(2) The Legal Aid Administration shall choose a legal aid
provider, taking into account his or her:
1) competence;
2) specialisation;
3) workload;
4) ability to provide legal aid in a specific matter (for
example, evaluate the possibility of a conflict of
interests);
5) location in order to evaluate the distance a person has to
take in order to receive legal aid.
(3) In exceptional cases, when taking a decision regarding the
granting of legal aid, it is not possible to assign a legal aid
provider and specify the time and place of the first meeting of
the legal aid applicant and the provider, the Legal Aid
Administration shall assign a legal aid provider after taking of
a decision regarding the granting of legal aid and inform the
legal aid applicant regarding the scope of the legal aid and the
time and place of the first meeting with the legal aid
provider.
(4) The Legal Aid Administration shall indicate the following
information in an order:
1) the given name, surname, personal identity number, place of
residence and contact details of the legal aid applicant;
2) the given name, surname or name, place of practice and
contact details of the legal aid provider;
3) the category of matters in which legal aid was granted;
4) the type and scope of legal aid;
5) the time of the legal aid provision;
6) the time and place of the first meeting of the legal aid
applicant and the provider, or the procedures by which the legal
aid applicant may contact the legal aid provider.
(5) The order is not an administrative act.
(6) The Legal Aid Administration shall assign a legal aid
provider to an asylum seeker, if the relevant application has
been received from an institution which is responsible for the
examination of the application for asylum and the evaluation of
the necessity for legal aid.
(61) The Legal Aid Administration shall assign a
legal aid provider to a person, if a relevant decision has been
received from a judge or court in the case and in accordance with
the procedures laid down in the Administrative Procedure Law. The
Legal Aid Administration shall notify the judge or court
regarding appointing of a legal aid provider.
(7) The Legal Aid Administration shall not ensure the
implementation of the decision taken regarding granting of legal
aid and shall suspend the provision of legal aid if:
1) a person submits the relevant request in writing;
2) a person to whom legal aid has been granted has died;
3) an opinion has been received from the legal aid provider
regarding the ineffectiveness of further legal aid;
4) a person has, without a substantiated reason, repeatedly
not visited the legal aid provider at the place and time
indicated and has not notified the Legal Aid Administration or
the legal aid provider regarding the non-attendance or refuses to
co-operate in the receipt of legal aid or in ensuring the
implementation of the granting of legal aid;
5) after taking of the decision regarding the granting of
legal aid, it has been established that the person does not
conform with the requirements of Section 3 of this Law;
6) it is established that the expenses related to ensuring
legal aid are incommensurably high in comparison with the claim
amount;
7) a person has provided false information when requesting
legal aid;
8) the person has failed to pay the contribution for the
receipt of legal aid in the case and according to the procedures
laid down by this Law.
(8) The Legal Aid Administration has the right to suspend a
decision regarding the execution of the granting of legal aid, if
it is necessary to request additional information to ensure legal
aid. Following the receipt of the additional information the
Legal Aid Administration shall renew the decision regarding the
execution of the granting of legal aid.
[12 June 2009; 3 May 2012; 2 February 2017; 6 September
2018]
Section 33.1 The List of
Legal Aid Providers which Provide Legal Aid to an Asylum Seeker
and a Foreigner to be Removed
(1) The Legal Aid Administration shall compile a list of such
legal aid providers which provide legal aid in the cases and in
accordance with the procedures laid down by the Asylum Law and
the Immigration Law to asylum seekers or a foreigner to be
removed. Legal aid providers which have entered into a legal aid
contract with the Legal Aid Administration shall be included in
the abovementioned list, taking into account the competence,
specialisation, location of the legal aid provider and other
circumstances, as well as the undertaking to provide legal aid in
the relevant category of matters.
(2) The Legal Aid Administration shall compile the list
referred to in Paragraph one of this Section once every calendar
year quarter until the fifteenth date of the third month of each
quarter and send it to the State Border Guard within five
days.
[10 December 2015]
Chapter
IX
Payment of Expenses Related to Legal Aid
Section 34. The Duty of Payment of
the Expenses Related to Legal Aid
(1) A person who has received legal aid shall reimburse the
expenses related to legal aid in full amount if the Legal Aid
Administration determines that:
1) the person has indicated false information that has been
the grounds for the receipt of legal aid;
2) the person abuses his or her rights to legal aid including
the non-observance of the duties specified in Section 4 of this
Law;
3) the person has received undue legal aid;
4) [19 June 2008];
5) [12 June 2009].
(2) [12 June 2009]
(3) [12 June 2009]
(4) A person requesting legal aid in a cross-border dispute
shall pay for the translation expenses that are covered from the
State budget if the competent authority of another state refuses
the provision of legal aid.
[19 June 2008; 12 June 2009; 3 May 2012]
Section 35. Procedures for Payment
of Expenses Related to Legal Aid
(1) The Legal Aid Administration, having determined any of the
cases referred to in Section 34 of this Law, may take the
decision on the payment of expenses related to the provision of
legal aid. The referred to decision shall be taken not later than
three years from the last day of the provision of the respective
legal aid.
(2) In accordance with the procedures specified in Section 25
of this Law, the Legal Aid Administration shall notify a person
regarding the decision taken. The person may contest and appeal
this decision in accordance with the procedures specified in
Section 26 of this Law.
(3) In the decision on the payment of expenses related to the
provision of legal aid the Legal Aid Administration shall
indicate the amount of expenses to be repaid and the State budget
account to which they are to be transferred, and also the warning
of compulsory enforcement of the decision.
(4) A person shall pay the expenses related to the provision
of legal aid within 30 days from the day of the coming into
effect of the decision specified in Paragraph one of this Section
and submit documents confirming payment to the Legal Aid
Administration.
(5) If there are substantiated reasons, a person, upon
submitting a motivated submission in writing, may request the
Legal Aid Administration to divide the payment of the amount
indicated in the decision specified in Paragraph one of this
Section in instalments.
(6) If payment of the amount of expenses to be repaid is
divided in instalments, the whole amount shall be repaid not
later than within one year from the day of the coming into effect
of the decision of the Legal Aid Administration regarding payment
of the expenses which are related to the provision of legal
aid.
(61) [10 December 2015]
(7) If a person does not fulfil the decision specified in
Paragraph one of this Section and does not voluntarily pay the
expenses related to the provision of legal aid, the Legal Aid
Administration shall submit the decision on the payment of
expenses related to the provision of legal aid to a sworn bailiff
for compulsory enforcement in accordance with the procedures
specified in the Administrative Procedure Law. If payment of the
amount of expenses to be repaid is divided in instalments, the
end date of the repayment or the date of failure to make the
current payment according to the repayment schedule shall be
considered as the time period for voluntary enforcement.
(8) The expenses repaid related to legal aid shall be
transferred into the State budget.
(9) The Legal Aid Administration, ensuring the recovery of the
expenses related to the provision of legal aid, has the right to
request the necessary information from a person, other State and
local government institutions, as well as the right to request
information from a sworn bailiff regarding the procedure of the
recovery of expenses related to the provision of legal aid.
[12 June 2009; 3 May 2012; 10 December 2015; 6 September
2018]
Transitional
Provisions
1. Until the adoption of the Regulations referred to in
Paragraph two, Section 3 of this Law, but not later than by 1
August 2005, the Cabinet Regulation No. 97 of 25 February 2003,
Procedures by which a Family or Separately Living Person shall be
Recognised as Needy and the Cabinet Regulation No. 502 of 4
November 2002, Procedures by which Income and Material Status of
Low-Income Person shall be Evaluated, apply in determining the
special situation, state of property and income level of a
person.
2. The Legal Aid Administration shall be established by 30
December 2005. Until the establishment of the Legal Aid
Administration, the functions thereof shall be performed by the
responsible department of the Ministry of Justice.
3. Section 3, Paragraph one, Clause 7 of this Law in relation
to asylum seekers shall come into force on 1 January 2007.
4. Chapter V of this Law shall come into force on 1 January
2006.
5. Chapter VI of this Law shall come into force simultaneously
with the Criminal Procedure Law.
6. Until the day of the coming into force of the Cabinet
Regulations referred to in Section 5, Paragraph three of this
Law, which regulate the types, scope and amount of payment of
State ensured legal aid and the reimbursable expenses related to
the provision of State ensured legal aid, the amount and
procedures for payment thereof, but not later than until 1
January 2009, the Cabinet Regulation No. 920 of 6 November 2006,
Regulations Regarding the Types of State Ensured Legal Aid, the
Maximum Number of Hours, Amount and Procedures for Payment, shall
be applicable, insofar as it is not in contradiction with this
Law.
[19 June 2008]
7. The amendments regarding the new wording of Section 9,
Paragraph two, Section 18, Paragraph one, Sections 19 and 20, as
well as Section 33, Paragraphs one and three shall come into
force on 1 January 2009.
[19 June 2008]
8. The Legal Aid Administration shall examine the submissions
regarding legal aid, which have been received by the Legal Aid
Administration until 30 June 2009, grant legal aid and ensure it
in accordance with such procedures and in those cases and
amounts, which were determined by the legal framework that was in
force until 30 June 2009.
[12 June 2009]
9. In matters in which legal aid was granted until 30 June
2009, submissions regarding further legal aid shall be evaluated
and legal aid granted by the Legal Aid Administration in those
cases and amounts, which were determined by the legal framework
that was in force until 30 June 2009.
[12 June 2009]
10. Until the day of the coming into force of the Cabinet
regulations referred to in Section 3, Paragraph three of this
Law, which regulate the cases in which the state of property and
income level of a person referred to in Section 3, Paragraph one,
Clauses 6 and 8 of this Law is regarded as appropriate for the
granting of legal aid, and the procedures for evaluation thereof,
but not later than until 31 December 2009, the Cabinet Regulation
No. 558 of 4 July 2006, Regulations Regarding the Conformity of
the Special Situation, State of Property and Income Level of a
Person for the Granting of State Ensured Legal Aid, shall be
applicable, insofar as it is not in contradiction with this
Law.
[12 June 2009]
11. Until the day of the coming into force of the Cabinet
regulations referred to in Section 5, Paragraph five of this Law,
which regulate the types and scope of legal aid ensured by the
State, the amount of payment, and the reimbursable expenses
related to the provision of State ensured legal aid, the amount
and procedures for payment thereof, but not later than until 31
December 2009, the Cabinet Regulation No. 1068 of 22 December
2008, Regulations Regarding the Scope and Procedures for Payment
of State Ensured Legal Aid, Reimbursable Expenses and the
Procedures for Payment thereof, shall be applicable, insofar as
it is not in contradiction with this Law.
[12 June 2009]
12. Until the day of the coming into force of the Cabinet
regulations referred to in Section 22, Paragraph two of this Law,
which regulate the sample application forms for legal aid, but
not later than until 31 December 2009, the Cabinet Regulation No.
850 of 11 December 2007 Regulations Regarding Sample Application
Forms for Legal Aid shall be applicable, insofar as it is not in
contradiction with this Law.
[12 June 2009]
13. For private charges in matters regarding criminal offences
undergoing legal proceedings, which have been classified
according to Section 130, Paragraph two, Sections 157 and 159 of
the Criminal Law in relation to defamation in the mass media, a
State-ensured advocate shall be assigned and ensured as a
representative by the Legal Aid Administration to the victim
according the procedures and in the extent determined by the
legal framework, which was in force until 31 December 2010. For
private charges in matters regarding criminal offences which have
been classified according to Section 130, Paragraph one of the
Criminal Law, in which legal proceedings after 31 December 2010
should be terminated according to the procedures specified in the
Criminal Law, the Legal Aid Administration shall not grant legal
aid, shall not ensure the execution of the decision taken
regarding legal aid and shall suspend the provision of legal aid,
notifying the person thereof.
[21 October 2010]
14. If a submission requesting legal aid for the commencement
of criminal proceedings in private charges is received or if a
decision is taken regarding the granting of legal aid for the
commencement of criminal proceedings in private charges until 31
December 2010, and criminal proceedings in a private charge have
not commenced until 31 December 2010, the Legal Aid
Administration shall not grant legal aid, shall not ensure the
execution of a decision taken regarding legal aid and shall
suspend the provision of legal aid, notifying the person thereof,
as well as informing the person of the rights and State-ensured
legal aid, if subsequent legal aid is to be ensured in accordance
with the procedures specified in the Criminal Procedure Law.
[21 October 2010]
15. Until 1 December 2011 the Legal Aid Administration shall
compile the first list of legal aid providers referred to in
Section 33.1 of this Law and send it to the
institution which detains a foreigner to be removed in the cases
and according to the procedures specified by the Immigration
Law.
[4 August 2011]
16. The amendments to this Law regarding the addition of
Clause 9 to Section 3, Paragraph one, the addition of Paragraph
2.1 to Section 5, the addition of the words "within
the scope of appeal of a decision regarding the contested
voluntary return decision or a decision regarding the contested
removal order" after the word "asylum" to Section 15, the
addition of Paragraph 5.1, 6.1 and
7.1 to Section 22, the addition of Paragraph
1.1 to Section 23, as well as the amendment to Section
3, Paragraph three of this Law regarding the replacement of the
figures and words "Clauses 6 and 8" with the figures and words
"Clauses 6, 8 and 9" and the amendments to Section 23, Paragraph
three of this Law regarding the replacement of the words "in
Paragraph one" with the words and figures "in Paragraphs one and
1.1" shall come into force on 23 December 2011.
[4 August 2011]
17. Until the day of the coming into force of the Cabinet
Regulations referred to in Section 31, Paragraph one of this Law,
which provide that the Cabinet approves the sample application
form for legal aid, but not longer than after 30 September 2012,
Cabinet Regulation No.361 of 31 May 2005 Regulations Regarding
Sample Application Forms for the Acquisition of the Status of a
Legal Aid Provider shall be applicable insofar as they are not in
contradiction with this Law.
[3 May 2012]
18. The amendments regarding the new wording of the first
sentence of Section 14.2, Paragraph 1.1 of
this Law shall come into force concurrently with the coming into
force in the European Union of the Hague Convention of 23
November 2007 on the International Recovery of Child Support and
Other Forms of Family Maintenance.
[3 May 2012]
19. Amendments to the second sentence of Section 5, Paragraph
six and to Section 5, Paragraph seven of this Law shall come into
force on 1 March 2016.
[10 December 2015]
20. Amendments to Section 3 of this Law on its supplementation
with Paragraph four and to Section 4 on its supplementation with
Paragraph six, and Chapter IV.2 of this Law "Granting
and Ensuring of the Financial Support to the Nationals of Latvia
for the Protection of the Infringed or Contested Rights of a
Person or his or her Interests Protected by the Law which are
Related to Discontinuation or Removal of the Custody Rights of
the Child in Foreign States" shall come into force on 1 April
2017.
[2 February 2017]
Informative
Reference to European Union Directives
[3 May 2012]
The legal norms arising from Council Directive 2003/8/EC of 27
January 2003 to improve access to justice in cross-border
disputes by establishing minimum common rules relating to legal
aid for such disputes have been included in this Law.
This Law shall come into force on 1 June 2005.
This Law has been adopted by the Saeima on 17 March
2005.
Acting for the President,
Chairperson of the Saeima I.
Ūdre
Rīga, 1 April 2005
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)