THE RIGHT FOR FREE LEGAL ASSISTANCE IN CRIMINAL PROCEEDINGS AS STATED IN THE INTERNATIONAL AND RUSSIAN LAW

The decree in case «Padalov v. Bulgaria» (№ 54784/00, on the 10th of August 2006) the European Court has stated, if the case has got a difficult procedure, a complex subject of judiciary qualification or fact-finding, it is necessary to provide professional defence attorney.

In the case «Benham v. the United Kingdom» (№ 7/1995/513/597, decree on the 10th of June 1996). The European Court noted that the interests of justice require the participation of a defender, if the accusation is connected with long imprisonment or high fees.

In decree for the case «Temirgaliev v. Russia» (№ 40631/02, the 14th of October 2008) The European Court required to appoint a defender, because the accused person had some hearing problems, so that the legal assistance is needed for people with physical conditions or disability, preventing from effective participation in proceedings. In case «Quaranta v. Switzerland» (№ 12744/87, decree on the 24th of May 1991) the European Court stated that the interests of justice call for the appointment of attorney for an undereducated, drug addicted, unemployed defendant. In case «Biba v. Greece» (№ 33170/96, decree on the 26th of September 2000) the European Court agreed that immigrants with poor knowledge of official language need to be presented by a defender in the court of justice.

In case «Lagerblom v. Sweden» (#26891/95, the 14th of April 2003) the European Court defined that the obligatory legal defence did not violate article 6, despite the assignment to pay a small part of judicial expenses after the conviction.

For instance, in the law “About free legal assistance in the Russian Federation” provision is made for free legal assistance granted to poor citizens, whose average income is less than minimum living wages, stated in the constituent entity according to the Russian Federation legislation, or who lives alone and whose income is less than minimum living wages (paragraph 1, part 1, article 20).

The decree of Plenum of Supreme Court of the Russian Federation № 8 on 26th of September 1973 «About judicial practice in the administration of legislation for collection of procedural expenses on criminal case” (read with the decree of Plenum on 21 December 1993 № 11, with changes on 6th February 2007 № 7) // http://www.vsrf.ru

The issue of the Constitutional Court of the Russian № 1124-о-о on the 12th of November 2008 to the complaint of Magdenko Alexander Michailovicha on the violation of his constitutional rights by articles 131 and 132 Code of Criminal Procedure //http://www.ksrf.ru