Circumstances for Immediate Acceptance of Legal Aid Cases

According to the provisions of Article 6 of Circular 12/2018/TT-BTP, the cases that are immediately accepted under the provisions of Clause 4 Article 30 of the Legal Aid Law include:

- The statute of limitations for the case is less than 05 working days;- The day of the trial according to the decision to bring the case to trial is less than 05 working days;- Cases of appointing defense lawyers according to the provisions of the Criminal Procedure Code and cases stipulated in Clause 3 Article 31 of the Legal Aid Law for which the procedural authority notifies the Center;- Cases to avoid causing damage to the rights and legitimate interests of the person receiving legal aid as decided by the head of the organization implementing legal aid.

At the same time, according to Circular 12/2018/TT-BTP, the timeline for supplementing documents and materials proving eligibility for legal aid is as follows:

- Within 05 working days from the date the legal aid case is accepted, the person requesting legal aid is responsible for providing and supplementing documents proving eligibility for legal aid.

In the case where the legal aid recipient resides in an area with particularly difficult socio-economic conditions or in cases of force majeure, the time limit for supplementing documents is 10 working days from the date the legal aid case is accepted.

- In the case where the person requesting legal aid does not provide documents proving eligibility for legal aid within the time limit specified in point a of this clause, the legal aid case will not continue to be implemented.

The decision not to continue the legal aid case shall be notified in writing by the organization implementing legal aid or the person providing legal aid, clearly stating the reasons to the person receiving legal aid.

For more details, refer to: Circular 12/2018/TT-BTP, effective from October 12, 2018.

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