The Legal Aid

Any individual or non-profit legal person may receive legal aid if his/its resources do not permit to claim through the judicial system or to defend his/its rights. To meet the legal conditions, the person may receive legal aid if the average of the combined resources (excluding family allowances for individuals) does not exceed a certain threshold equal to double minimal granted national salary.

A foreign national habitually lawfully residing in Algeria is entitled to legal aid. More flexible conditions may concern a foreign national of a State that has an international or bilateral agreement with Algeria giving entitlement to legal aid. The Article 3 of the bilateral convention between Algeria and France of September 21, 1988 on children from mixed separated families provides that nationals of the parties are entitled in the territory of each country to legal aid, regardless of the resources.

The written legal aid application must be filled with supporting documents.

The application is a summary of the purpose of the action to, or of the gracious act requested or the performance to be undertaken. It is accompanied by:

  • an extract of the tax role or a certificate of no taxation;
  • a statement of the salary of the last three (3) months if the applicant is employed;
  • a sworn statement attesting about the resources to be legalized by the president of the Municipality (Popular Communal Assembly) of the home.

The indigence of the applicant is established by the local authorities of the State and the social welfare founds, and then is of discretionary nature. There are limited categories of persons able to receive the legal aid. In practice, however, it is usually granted in criminal cases than other areas of legal dispute.

The request and documents are filed against a receipt to the secretariat office of legal aid which is managed by a clerk. It may be sent by recommended Post; it may also be filed before the court having competency to rule in the matter (court; appeal court; Supreme Court; administrative tribunal; State council which is the supreme administrative court and tribunal of conflicts. The request may also be addressed to the Department of Justice (Ministry) that shall transmit it by mail to the concerned General Attorney who will forward it to the territorially competent legal aid office.

 

The magistrates of the Public Prosecution head the legal aid offices in which a lawyer is representative of the Bar Association as member.

The resources statement is not required for limited categories of persons.

The benefit of legal aid is thus granted as of right to:

  • Widows and unmarried daughters of Chahid (Martyr of the War of Independence) ;
  • Independence war invalids;
  • Minors parties;
  • Any party requesting spousal support;
  • The mothers for child custody;
  • Workers as regards to work accident or occupational diseases and their dependents;
  • Victims of trafficking and victims in trafficking of organs;
  • Victims of smuggling of migrants;
  • Victims of terrorism; and for
  • Disabled.

In principle, the court costs are borne by the losing party, under section 419 of the Code of Civil and Administrative Procedures. These costs are exhaustively enumerated in section 418 of the same Procedures Code.

 

The court costs are mainly consisting of:

a) The State registration taxes;

b) Court bailiffs’ procedural charges for noticing and enforcement;

c) Judicial examination and investigation charges (expertise; notary, auctioneer, witnesses’ allowances if any, etc.);

d) Translations costs;

e) Lawyer’s fees.

Lawyer's fees are no fixed scale - lawyer and client are free to agree on the rate which the client generally has to pay unless he is eligible for legal aid. In case of the legal aid is allowed, the Lawyer in charge will be designated by the president of the bar of the District.

A decision providing legal aid does not mean - in any way - that there is more chance to win the case or that it confirms a right, because the service of legal aid is not a judicial body; the decision on the merits of the case remains to the sole jurisdiction of the competent court, that issue its ruling after examination of the entire case.

But one of the lesser known effects of benefiting from legal aid is its consequence on the accounting of the procedural delays. Thus, the filing of an application for legal aid will suspend the appeal period and / or referral to the Supreme Court or the delay of recording written discussion or evidences.

 

References (Legal aid is enshrined by):

1. Ordinance No. 71-57 of August 5th, 1971 on legal aid, amended and complemented by Act No. 2009-02 of February 25th, 2009

2. Code of Civil and Administrative Procedure (Sections 79 ; 356 and 357; 417 and 832)

3. Act No. 63-218 of June 18th, 1963 setting up the Supreme Court

4. Convention of September 21th, 1988 between France and Algeria on children of separated mixed couples citizens

5. Executive Decree No. 11-375 of November 12th, 2011 about the terms and conditions of the fees to the lawyers appointed under the legal aid (Official Gazette No. 61 of November 13th, 2011, page 46)

6. Act No. 13-07 of October 29th, 2013 on the organization of the Lawyers profession (Official Gazette No. 55 of October 3Oth, 2013, page 3)

7. Act No. 06-02 of February 20th, 2006 on the organization of the Notary profession (Official Gazette No. 14 of March 8th, 2006, page 13)

8. Executive Decree No. 08-242 of August 3th, 2008 establishing the conditions of access, exercise and discipline of the profession of notary and the rules of its organization (Official Gazette No. 45 of August 6th, 2008, page 4)

9. Executive Decree No. 08-243 of August 3th, 2008 Fixing the notary fees (Official Gazette No. 45 of August 6th, 2008, page 7)

10. Act No. 06-03 of February 20th, 2006 determining the organization of the profession of judicial officer (Official Gazette No. 14 of March 8th, 2006, page 20)

11. Executive Decree No. 09-77 of February 11th, 2009 establishing the conditions of access, exercise and discipline of the profession of judicial officer and the rules of its organization and functioning (Official Gazette No. 11 of February 15th, 2009, page 4)

12. Executive Decree No. 09-78 of February 11th, 2009 determining the fees of the bailiff (Official Gazette No. 11 of February 15th, 2009, page 8)

13. Executive Decree No. 2000-77 of April 5th, 2000 amending and supplementing the Executive Decree No. 91-270 of 08/10/1991 organizing the accounts of bailiffs and setting the conditions of remuneration of services (Official Gazette No. 20 of April 9th, 2000,page 5)