1. Simonas Nikartas Law Institute of Lithuania
Guarantees for the quality of legal aid in the pretrial phase of criminal proceeding in Lithuania
Simonas Nikartas
Law Institute of Lithuania

2. Primary legal aid includes:
the provision of legal information,
legal advice,
drafting of the documents to be submitted to state and municipal institutions,
advice on the out-of-court settlement of a dispute,
actions for the amicable settlement of a dispute and drafting of a settlement agreement.
Primary legal aid is provided by staff (jurist of the municipality administration or lawyers or public agencies contracted by municipalities).
Secondary legal aid includes:
drafting of documents,
defense and representation in court, including the process of enforcement,
representation in the event of preliminary extrajudicial consideration of a dispute, where such a procedure has been laid down by laws or by a court decision,
coverage of litigation costs,
exemption from court fees.
Secondary legal aid is provided by
advocates (lawyers) continuously providing legal aid;
advocates (lawyers) providing legal aid in case of necessity.

3. Primary legal aid
The State shall guarantee and cover 100 per cent of the costs of primary legal aid in all type of cases.
The duration of provision of legal aid should not exceed one hour. It may be extended by a decision of the authority of the municipality.

4. Secondary legal aid
Depends on income and assets of the person in questions.
Where
“I level” of income and property is established (100 percent) or
the person belongs to the group of the most vulnerable people or
when the physical presence of a defence lawyer in criminal proceedings is mandatory, the legal aid services are granted free of charge.
Where “II level” of income and property is established the legal aid services are covered partially (50 percent).
If annual income does not exceed 10 MMI (3800 EUR) + 3,75 MMI (€ 1425) for every dependent → the coverage is 100 percent.
If annual income does not exceed 15 MMI (5700 EUR) + 5,5 MMI (€ 2090) for every dependent → the coverage is 50 percent.

5. Secondary legal aid is provided regardless of the property owned and income received:
in criminal proceedings, when the physical presence of a defence lawyer is mandatory;
to minors - victims of crime;
to victims of crime (concerning compensation for damages);
to persons receiving social allowances;
to the persons maintained in stationary care institutions;
to persons who have a severe disability or incapacity for work or level of considerable special needs has been established;
to persons who cannot dispose of their property and funds for objective reasons;
to persons suffering from serious mental disorders;
to minor children, independently applying for the defence of his/her rights or interests;
to other persons in the cases provided for in international treaties.

6. Secondary legal aid is provided regardless of the property owned and income received:
in criminal proceedings, when the physical presence of a defence lawyer is mandatory;
to minors - victims of crime;
to victims of crime (concerning compensation for damages);
to persons receiving social allowances;
to the persons maintained in stationary care institutions;
to persons who have a severe disability or incapacity for work or level of considerable special needs has been established;
to persons who cannot dispose of their property and funds for objective reasons;
to persons suffering from serious mental disorders;
to minor children, independently applying for the defence of his/her rights or interests;
to other persons in the cases provided for in international treaties.

7. Mandatory presence of lawyer in criminal proceedings (CPC Art. 51) :
when a suspect or accused is minor;
when a suspect or accused is a person with physical or mental disability;
when a suspect or accused does not know Lithuanian language;
when there are opposite positions of suspects or accused and one of them has a lawyer;
when a person might be sentenced with max sentence (imprisonment for life);
when defendant does not participate in the process;
when suspect or accused is arrested;
in case of extradition;
in the court “summary” process;
in the appeal proceedings;

8. Mandatory presence of lawer in criminal proceedings (CPC Art. 51)
In other proceedings when justice require:
The criminal case is difficult;
The criminal case is a large-scale;
A person serving a sentence (in jail);
A person is low educated;
A person is arrested for 48 hours.

9. Process of taking decisions on legal aid provision in criminal cases
In criminal cases, where the physical presence of a defence lawyer in hearing of criminal cases is mandatory,
a pre-trial investigation officer, prosecutor or a court notifies the co- ordinator indicated by the SGLAS that a suspect, accused or convict requires the defence lawyer.
Upon the receipt of such notification the co-ordinator immediately selects a lawyer and notifies thereof a pre-trial investigation officer, prosecutor or the court.
The pre-trial investigation officer, prosecutor or the court appoints the lawyer selected.
On non-working days as well as outside the working hours of the SGLAS, a lawyer is appointed by a pre-trial investigation officer, prosecutor or a court on the basis of legal aid providers on-call duty for a given day, and contacted in the given order.

10. In criminal cases where the physical presence of a defence lawyer in hearing criminal cases is not mandatory, a person wishing to receive secondary legal aid has to submit to the SGLAS an application, the documents substantiating his request and the documents attesting his eligibility. The decision on the provision of secondary legal aid with the details of assigned lawyer is taken by the SGLAS no later than within 5 working days.

11. Appointment of a defence lawyer:
A pre-trial investigation officer, a prosecutor or a court notifies a co-ordinator indicated by SGLAS, that a suspect, an accused or a convict requires a defence lawyer;
The co-ordinator immediately selects a lawyer to provide secondary legal aid and notifies thereof a pre-trial investigation officer, a prosecutor or a court;
Upon receiving the notification, a pre-trial investigation officer, a prosecutor or a court appoints the lawyer selected by co- ordinator to defend the suspect, accused or convict.

12. Supervision of the actions of the SGLAS
Is carried out by:
Administrative Courts (review the SGLAS decisions);
Ministry of Justice;
Ombudsmen;
Internal and State audit.

13. Ministry of Justice and Ombudsmen:
resolve beneficiaries’ complaints against performance or failure of the SGLAS;
provide recommendations.
Administrative courts:
decide cases relating to lawfulness of legal acts passed and actions performed by the SGLAS, also the legality and validity of refusal by the SGLAS to perform the actions within the remit of its competence or delay in performing the said actions;
compensation for material and moral damage inflicted on a natural person or organization by unlawful acts or omission of the SGLAS and its employees.
Internal and State audit:
Audit of the SGLAS functioning;
Audit of the SGLAS finances;
Assessment of the effectiveness of the SGLAS functioning.

14. Supervision of legal aid providers
Is carried out by:
SGLAS - resolves beneficiaries’ complaints against the actions of legal aid providers.
Lithuanian BAR Association - verifies the quality of activities of the lawyers and lawyer assistants providing secondary legal aid.

15. Main issues of legal aid quality assurance in criminal proceedings
The lack of financial motivation
The lack of qualification (professionalism)
Ethical issues
The lack of state guaranteed legal aid standards
The lack of state guaranteed legal aid monitoring

16. What do beneficiaries need from lawers?
(preliminary results of interviews)
Very important features:
Communication
Courtesy
Activity
Factors that are not very important:
Successful outcome of case
High quality of documents

17. Project „Enhancing the Quality of Legal Aid: General Standards for Different Countries“
Objectives:
To enhance the quality of legal aid services in criminal proceedings within the EU
by developing common standards for legal aid provision and quality assurance/supervision and
by raising capacity of legal aid policy makers, administrators and providers for ensuring high quality legal aid.

18. Activities of the project
Assessment of the existing legal frameworks and practices aimed at ensuring high quality legal aid in criminal proceedings
Preparation of the Practice Standards for legal aid providers and Terms of Reference for the quality audit of legal aid services
Capacity building of legal aid policy makers, administrators and providers for ensuring high quality legal aid

19. Expected results
Legal frameworks and practices for ensuring high quality legal aid in criminal proceedings in the partner countries assessed and comprehensive recommendations for improvement provided
Practice Standards for legal aid providers and Terms of Reference for the quality audit of legal aid services developed, validated at wider EU level and submitted to relevant recipients for implementation.
Capacity of legal aid policy makers, administrators and providers in the three partner countries enhanced and capacity building materials widely disseminated.

20. Thank you for your attention simonas.nikartas@teise.org