Duty attorneys will not be able to have a criminal record for gender-based violence · Legal News

Lawyer, experience and no record. That’s right, reform. Legal Aid Regulation free for him Royal Decree 586/2022from July 19, has the primary objective of requiring plus demand for legal profession professionals who provide services to Free legal aid for victims of gender-based violence based on the specifics they present, which requires ensuring that they are offered legal protection that allows them to achieve a relationship of mutual trust that cannot be broken, a break that would occur if the person exercising it , has a criminal record for acts of a similar nature to those of which the legal aid beneficiary was a victim.

Likewise, the envisaged reform is aware of the existence of other particularly vulnerable victims who, based on the same reasons stated above, should also ensure that reciprocal trust bonus between those exercising legal protection and the beneficiary of free justice, therefore this new requirement consisting in the absence of a criminal record for crimes of a similar nature and in relation to particularly vulnerable victims, extends to victims of terrorism and trafficking people, minor victims and victims with disabilities in need of special protection, in relation to the crimes established in article 2.g) of Law 1/1996 of January 10 for free legal aid. Because of this, they will not be able to exercise protection in the service shift in relation to victims in the same condition as those for which they are convicted.

The established requirements will be mandatory for all bar associations and associations of lawyers, without prejudice to additional requirements that have been established or may be established by the autonomous communities that have assumed powers in matters of justice.

Minimum general requirements for lawyers:

– Help yourself office, sole or primary, within the scope of the college responsible for the service and to be registered with it. In the event that the school has established special territorial demarcations for these purposes, to have an office in the relevant territorial demarcation, unless in relation to this last requirement the Governing Board of the School exempts it exceptionally for better organization and efficiency of the service. .

— Accredit more than three years of practice efficient by profession.

— have passed courses or tests access to services established by the governing boards of the Bar Associations. Notwithstanding the foregoing, the Board of Governors of each college may waive compliance with this requirement if the applicant has experience and other circumstances that demonstrate his or her ability to provide the service.

— Lawyers who provide free legal aid services to victims of gender-based violence cannot have a criminal record of threats to life, physical integrity, freedom, moral integrity, sexual freedom and compensation or privacy in the field of violence against women unless they are reversed.

—Furthermore, to provide free legal aid to victims of terrorist crimes and human trafficking or to victims of any crime when they are minors or persons with disabilities in need of special protection, lawyers cannot have criminal records for crimes committed, respectively, for each of the classes of victims listed above, unless the records are cancelled.

Minimum general requirements for trial lawyers:

— To have an open office on the territory of the judicial district in which the action is to be taken.

— Proof of participation in training courses organized for this purpose by the Bar Associations, as well as successful passing of the aptitude tests held at the end of the course. Notwithstanding the foregoing, the Board of Governors of each college may waive the requirement if the applicant has experience or other circumstances that demonstrate his or her ability to provide the service.

— Public procurement professionals who provide free legal services to victims of gender-based violence cannot have a criminal record for threats to life, physical integrity, liberty, moral integrity, freedom and sexual compensation or intimacy in the field of violence against women unless canceled.

— Similarly, to provide free legal aid to victims of terrorist crimes and human trafficking or to victims of any crime when they are minors or persons with disabilities in need of special protection, the professionals of the Attorney General may not have criminal records of crimes committed, respectively, for each of the classes of victims listed above, unless the records are expunged.

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