ПРАВО НА БЕСПЛАТНУ ПРАВНУ ПОМОЋ У КРИВИЧНОМ ПОСТУПКУ БИХ
THE RIGHT TO FREE LEGAL AID IN CRIMINAL PROCEEDINGS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The Institute of Free Legal Aid enables subjects in criminal procedure to exercise their basic human rights in criminal proceedings: the right to non-discrimination, the right to liberty and security. Free legal aid is reserved not only for the poor but also for middle-income people, if the costs of the proceedings become exorbitant (as rules in Steel and Morris case). Victims of domestic violence and trafficking are also entitled to free legal assistance in criminal proceedings. Victims of serious crime do not have to prove their poor financial standing. Free legal aid is unconditional for victims of serious crime. Free legal aid may be provided in the form of direct legal aid and indirect legal aid. Direct legal assistance in criminal proceedings is, for example, ex officio defense of a poor defendant; indirect legal assistance in criminal proceedings is, for example, the release of the accused from the duty to bear the costs of defense because of his poor financial situation. The issue of the financial capacity of the suspect or the accused to bear the defense costs is addressed in this paper. The obligation to pay the defense costs is followed by a final and enforceable judgment; therefore, the financial capacity of the suspect or the accused to pay the costs should be assessed upon completion of the criminal proceedings. This thesis may be supported by the decision of the European Court of Human Rights in the case of Croissant v. Germany. In this case the Court took the view that it did not matter whether the suspect or the accused had sufficient resources during the trial, it is only significant after the final decision has been made. The decision to appoint a counsel for a poor defendant is a procedural issue which must be resolved immediately. The poor financial status of the defendant is assessed at the time the request for granting the status of a poor defendant is received. The examples from the case law of the Basic Court in Banja Luka on appointing a lawyer to a poor defendant have raised the question of whether an accused can appeal against a decision to appoint a lawyer only after the criminal proceedings against the accused have been completed or before the trial is closed. In case law, there are diffeent solutions when it comes to the right of the accused to appeal against a decision on appointing a counsel for a poor defendant. The poor defendant’s right to counsel is a fundamental right in criminal proceedings, and a violation of this right is one of the essential violations of criminal procedure that may result in the revocation of a judgment.

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