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Study on the Scope of Criminal Legal Aid in Central Eastern Europe Country

Author: WuNong
Tutor: ChenGang
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Legal Aid Mandatory Defense Criminal Legal Aid
CLC: D95
Type: Master's thesis
Year: 2007
Downloads: 141
Quote: 0
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Abstract

Legal aid system is a legal ensure system that the Country provide legal assistant to vulnerable group who can’t protect their basic social rights by remedies on general significance because of indigent and other factors in each link and level in enforcement of judicial system. As the act of state realizing society justice, judicial fairness and ensuring citizen fundamental right it plays a very important part in a country’s judicial system. Though the purpose of legal aid is to ensure indigent people access free legal service, it is impossible to grant every case and everyone legal aid because of the influence of political, legal tradition, legal system and financial. Therefore defining anyone who can be the obligee of legal aid, in other words defining the scope of legal aid becomes a first question in developing legal aid system. None but that people can ask relevant proceeding institution or bar association to appoint an attorney, and relief or exempt their court cost or attorney’s fee.At present our Country is in the period of social and economy reform. Its national condition is similar to Central and Eastern Europe country. This thesis translates, arranges and analyzes the“Access to Justice in Central and Eastern Europe Comparative Report”and“Access to Justice Country Report”of Latvia, Lithuania, Poland, Bulgaria, Estonia, Czech, Romania and Slovakia. In first part it introduces the actuality of legal aid system in these countries including the feature of legal aid, state models of organization of legal aid and criminal legal aid. Then it mainly introduces constitutional guarantees of the right to counsel and the right to legal aid, right to counsel and the right to legal aid in criminal proceedings, eligibility criteria for granting legal aid in criminal cases and legal aid for victims of criminal. And then analyze the problem of eligibility criteria in reality and do some comparative study on these problems. At last it do some comparative researches on problems exist in scope of criminal legal aid in China. It hopes that this article can provide some reference to our legislation and practice of the scope of criminal legal aid in China.

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