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Chapter Law Content

Title: Legal Aid Act CH
Category: Judicial Yuan(司法院)
Chapter 2 The Application of Legal aid
Article 13
Persons who are indigent, or are unable to receive proper legal protections for other reasons may apply for legal aid.
Applicants applying for legal aid with any one of the following conditions may be exempt from financial verification:
1. the conditions as prescribed in the provisions of article 5 paragraph 1 subparagraph 1 and subparagraph 2;
2. the conditions as prescribed in the provisions of article 5 paragraph 4 subparagraphs 1 to 5.
3. the condition of being in the process of clearing debts under the Consumer Debt Clearance Act.
4. applying for verbal legal consultation.
Applicants with any one of the following conditions, who are presumed indigent with the support of an affidavit, are exempt from financial verification:
1. foreign nationals who came to Taiwan in accordance with the provisions of article 46 paragraph1 subparagraphs 8 to 10 of the Employment Service Act;
2. a citizen's spouse who is in financial disadvantage and has not been naturalized, or who has been naturalized but does not have domestic household registration.
The Foundation shall prescribe the regulations relating to the verification process of the preceding paragraph.
The Foundation shall decide whether or not to verify financial capability with situations prescribed in article 5 paragraph 4 subparagraph 6.
The presiding judge or the prosecutor may notify the Foundation to dispatch an attorney to defend or assist persons who have not applied for legal aid and who are in the condition as prescribed in paragraph 2 subparagraph 2.
Article 14
The provisions of this Act concerning legal aid are applicable to non-citizens of the Republic of China who meet any one of the following conditions:
1. people who reside legally within the border of the Republic of China;
2. people who lost their residency due to incidents not imputed to themselves;
3. victims or possible victims in a human trafficking case;
4. people who do not reside within the border of the Republic of China, but have received the Foundation's aid in the past for the same cause;
5. people who do not reside within the border of the Republic of China may exercise their rights under the laws of the Republic of China when the other party, who received the Foundation's aid in the past for the same cause, passes away.
6. people who do not reside within the border of the Republic of China may exercise their rights under the laws of the Republic of China when the other party passes away due to an occupational accident.
7. other conditions as decided by the Foundation.
The verification process of the preceding paragraph shall be prescribed by the Foundation.
Article 15
The application for legal aid shall be denied, if any of the following conditions exists:
1. the statements and information provided by the legal aid applicant show no legitimate reasons for granting the legal aid.
2. the value of interests the legal aid applicant may recover from the prevailing litigation are less than the litigation costs and the lawyer’s fees, except in cases where the controversies at issue are significant to the law or to the society.
3. the applicant had already received legal aid according to this Act or other laws for the same matter, and is no longer eligible to receive further legal aid.
4. the applicant of the same case has retained an attorney; or the court has appointed an attorney, or has appointed an attorney to be the legal representative or assistant;
5. the applicant who is suing the Foundation.
6. the litigation takes place outside the border of the Republic of China;
7. the same case that has been rejected by the Foundation or its Chapter, while no new facts or evidence have surfaced. However, this is not applicable to cases where the information provided by the applicant is sufficient to decide that it is necessary to provide legal aid;
8. the item the applicant applies for legal aid does not correspond to the purposes of providing legal aid.
The provisions as prescribed in the subparagraphs 1 and 2 of the preceding paragraph are not applicable to the situations prescribed in article 5 paragraph 4 subparagraphs 1 to 5.
Article 16
The Foundation may decide on the type of legal aid and the scope of legal representation, legal defense or assistance for the case depending on the funding of the Foundation and the case type.
The Foundation shall prescribe the regulations relating to the implementation process of the preceding paragraph.
Article 17
The application for legal aid shall specify the following items orally or in writing to the Chapter:
1. the name, gender, birth date, identification number, and residence or domicile of the applicant. The name, birth date, identification number, and residence or domicile of the legal representative or the application representative, and their relationship with the applicant;
2. the statements describing the conditions as prescribed in the provisions of article 5, relevant matters, or evidence;
3. the statements describing legal matters and relevant evidence;
4. the type of legal aid.
The physical or mental welfare care facility may apply on behalf of the applicant, concerning the provisions of the preceding paragraph, if the applicant is unable to make full statements due to damage or impairment of the structures of the nervous system, or of the psychological or mental functions.
When the applicant specifies the items orally, the Chapter shall record the oral statements and request the applicant or his or her representative to read them or review the recorded statements. The applicant shall verify the content of records before signing or affixing chop.
If the applicant does not comply with the requirements stated in the first paragraph, the Chapter shall notify the applicant to supplement the application within a specific time. If the applicant fails to supplement the application in time, the Chapter shall deny the application and inform the applicant in writing about the deadline to file a petition for appeal.
Article 18
If an application meets the requirements, procedure and format in applying legal aid, the Chapter shall approve the application.
The Chapter’s approval decision stated in the preceding paragraph shall be in writing, and shall specify the following items:
1. the type of legal aid;
2. the complete or partial legal aid;
3. the amount and deadline for paying the remuneration and necessary fees shared by the recipient of partial legal aid;
4. the reason of the grant;
5. the legal aid lawyers.
Article 19
After the legal aid application is approved, if the legal aid recipient considers it is necessary to modify the scope or type of legal aid due to the change of circumstances, the legal aid recipient may submit an application for the modification of legal aid to the Chapter approving the original legal aid application.
The rules set forth in Article 13 to Article 15, Article 17 and the preceding article apply, mutatis mutandis, to the requirements, procedure and format in applying legal aid, and the approval or denial decisions set forth in the preceding paragraph.
If the Chapter that received the application deems it necessary to modify the type or scope of legal aid, the Chapter may do so upon the legal-aid attorney's application or ex officio, and the provisions of paragraph 2 of the preceding article shall apply mutatis mutandis. However, if the modification impacts the interests of the legal aid recipient, opportunities for stating opinions should be given to the recipient.
Article 20
If the underlying event for applying legal aid is exigent, the Chapter may still make a preliminary decision to approve the application for legal aid even though the applicant fails to meet the requirements in applying legal aid.
After making the preliminary decision to approve the application for legal aid, if the Chapter considers the applicant fails to meet the requirements in applying for legal aid, the Chapter shall revoke decision.
When the Chapter revokes the approval in accordance with the provisions of the preceding paragraph, opportunities for stating opinions should be given to the legal aid recipient.
When the Chapter revokes the approval, according to the provisions of paragraph 2, the Chapter shall notify the legal aid recipient of such in writing and ask the return of the remuneration provided to him or her, and other fees incurred by legal aid, within a certain time frame. However the provisions shall not apply, if the legal aid recipient is not responsible for the cause of revocation.
Article 21
After approving the legal aid application, the Chapter shall revoke the approval if the information, evidence or statements provided by the legal aid recipient are forged, fabricated or false.
When the Chapter revokes the approval in accordance with the provisions of the preceding paragraph, opportunities for stating opinions should be given to the legal aid recipient.
When the Chapter revokes the approval, according to the provisions of paragraph 1, the Chapter shall notify the legal aid recipient of such in writing and ask the return of the remuneration provided to him or her, and other fees incurred by legal aid, within a certain time frame.
Article 22
The Chapter may terminate legal aid if the legal aid recipient is in one of the following situations:
1. the legal aid recipient is no longer qualified as an indigent person because of the inheritance, bequest or other reasons.
2. the legal aid recipient died or is missing;
3. it is no longer necessary to continue providing legal aid because of the change of laws and regulations, the change of circumstances, or because the subject matter of the litigation is destroyed, impaired or extinct.
4. the legal aid recipient fails to comply with the request set forth in implementing the legal aid or fails to pay the remuneration and necessary fees which the legal aid recipient shall share to pay before the deadline, and causes the discontinuousness of the legal aid,
5. the legal aid recipient has acutely insulted the legal aid lawyers.
6. other reasons which caused the continuous providing legal aid unnecessary.
When the Chapter terminates the approval in accordance with the provisions of the preceding paragraph, opportunities for stating opinions should be given to the legal aid recipient, unless it is due to subparagraphs 2.