Studenti: Aurora Žufić, Ida Zubović, Robert Silconi

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Presentation transcript:

Studenti: Aurora Žufić, Ida Zubović, Robert Silconi Pravni fakultet Sveučilište u Zagrebu Legal Aid Mentor: izv.prof.dr.sc. Lelija Sočanac Studenti: Aurora Žufić, Ida Zubović, Robert Silconi 19 December 2016.

We are going to talk about… in which cases one can get legal aid what you can get you are qualify for legal aid if… LAA what counts as legal aid in Croatia?

The right to legal aid allows those who do not have sufficient financial resources to meet the costs of a court case or legal representation. Legal aid systems exist in all Member States of the European Union (EU) in both civil and criminal proceedings.

OVERVIEW You usually need to show that: your case is eligible for legal aid the problem is serious you can’t afford to pay for legal costs

Some general facts… Legal aid for people of limited means has been available since 1949 it has been increased over the years now it is relatively easy to obtain aid to fight a civil case or defend a criminal charge 1972 Legal Advice and Assistance Act

In which case one can get legal aid? domestic violence or forced marriage homelessness crime, prison or detention discrimination family mediation legal arguments and cases under the Human Rights Act

What you can get? advice on your rights and options help with negotiation and paperwork advice at a police station a solicitor or barrister

Whether you are qualify for legal aid will depend on: the type of a case your financial circumstances

CIVIL (NON-CRIMINAL) CASES Debt, family or housing problems Your financial situations is not taken into account for cases about: mental health tribunals children in care child abduction

PAYING THE COSTS OF YOUR CASE You may have to: pay some of the costs upfront pay back some of the costs if you win money or property from your case

LAA Legal Aid Agency statutory charge your legal advisor is obligated to explain to you how this work contact the LAA’s Land Charge Department to discuss how to pay Land Charge Department land-charges-enquiry@legalaid.gsi.gov.uk

IF YOUR LEGAL AID IS WITHDRAWN, YOU MAY HAVE TO REPAY THE FULL LEGAL COSTS!

DOMESTIC ABUSE OR VIOLENCE You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse or violence and you cannot afford to pay for legal costs

WHAT COUNTS AS DOMESTIC ABUSE FOR LEGAL AID Your or your children must have been victims of either: domestic abuse or violence financial control, e.g. stopped from accessing a joint bank account

WHAT COUNTS AS EVIDENCE You can ask for evidence from; the courts 7. a domestic violence support service the police 8. your bank MARAC 9.your employer, or education provider social services 10. the provider of benefits you received a health professional a refugee manager

LEGAL PROBLEMS ABROAD you can apply for legal aid in: EU countries (except Romania) Norway, Switzerland , Turkey and Azerbaijan Legal Aid Agency- for legal problems abroad: ho.complaints@legalaid.gsi.gov.uk

LEGAL AID IN CROATIA In Republic of Croatia there is special Croatian Legal Aid Act (Official Gazette 63/08 i 81/11) – Therefore, before entering into force a Code/Act have to be published in the Official Gazette Narodne novine and they generally enter into force on the eighth day following that of their publication. The trend of regulation of the right to free legal assistance through special laws in Europe was duly followed by the Republic of Croatia. According to the National Programme for Croatia's Accession to the EU free legal aid in civil matters is very important for the reform of the judiciary

Free legal advice in UK https://www.youtube.com/watch?v=ADNrersy0Ds

SOURCES: English for lawyers Legal aid - GOV.UK European e-Justice Portal - Legal aid Help from an attorney at law Narodne novine Ministarstvo pravosuđa Republike Hrvatske

THANK YOU FOR YOUR ATTENTION! :)