The Special approves new regulations: Those who testify that they don't have money for a lawyer, they get a free one.

The Specialised Chambers of Court and Prosecutors in The Hague have adopted a new regulation, which goes in favour of potential indictees there.

According to this adopted regulation, suspects or indictees who prove unable to pay lawyers are offered free, as partial or complete protection.

On September 3, 2020, Kosovo Specialised Chambers Administrator (DHSK), Dr. Fidela Donlon, after consulting the Mayor, approved the Juryical Assistance Order in Kosovo's Specialised Chambers (Rule). The regulation reflects the best practices of legal assistance standards, guaranteeing respect for the principles of fair judgment, embedded in the Constitution of Kosovo and the Law for Specialised Chambers and the Specialised Prosecutor's Office, and enabling financial management of legal assistance sources”, it is said in communiqués.

The “suspects or indictees in the DHSK who prove that they are unable to pay for their defence and do not receive judicial assistance in other ways, full or partial legal assistance was approved for paying the lawyer they choose to meet accession conditions on the DHSK's list of defenders. Legal assistance covers the payment of defenders and defence team members and is directly paid to defender”, released in the announcement.

In the statement it was also said that the Speaker, Ekaterina Trendafilova, welcomed the adoption of the Order, stressing that the regulation “hears the fundamental principles presented in our Law and universal standards in criminal justice, guaranteeing the right of the accused to fair judgment that includes the right to effective protection”.

The administration calculates legal assistance in consultation with the competent panel and defenders in view of the level of the complexity of the issue and of the services offered by the defender at each stage of the process, including pre-accusal phases, phase of the preliminary procedure, trial phase, second-degree appeals phase and third-degree appeals phase. It also compensates for up to a certain amount of expenses that may arise during the investigation or the need for translation.

The regulation gives transparency to how the request for legal assistance is made and what documents should be submitted to the Office of Defence. More specifically, the request for legal assistance has to be added to the publication of financial means. The Office of Defence conducts a thorough verification of financial means for the pre-launcher to determine whether full or partial legal assistance should be approved. The request for legal assistance is denied if the petitioner fails to cooperate or gives false information. If it disagrees with the Administrator's decision, the front-runner has the right to appeal the decision to a panel of judges.

The regulation determines the maximum amount of judicial assistance workshops and other costs that can be compensated for the delivery of bills. The regulation also includes the monitoring and monitoring procedure by the Office of Defence for Spending Legal Assistance.

The Juridical Assistance Regiment is the cornerstone of a law aid scheme that is essential to the rights of the accused and the participating victims. This regulation allows anyone who can prove that he is unable to pay fully or in part for his judicial representation, has the right to legal assistance, and that victims' defenders can perform their post” declared the administration, Dr. Fidelma Donlon. “To ensure the financial management of the allocated funds in the DHSK budget for judicial assistance, the regulation also stipulates a transparent system for calculating judicial assistance hotshops and compensation of other expenditures approved after handover bills. ”