SANTA CRUZ DE TENERIFE, May 16. (EUROPE PRESS) –
The Ministry of Public Administrations, Justice and Security of the Government of the Canary Islands, through the General Directorate of Relations with the Administration of Justice, has approved a resolution aimed at improving the remuneration received by lawyers and solicitors for their professional actions in assistance free legal, whose budget item in the year 2023 amounts to 23 million euros.
Specifically, it has issued new instructions and certification criteria for the homogeneous application of the modules and bases of economic compensation for the remuneration for this service of the bar associations and solicitors.
As explained by the general director of Relations with the Administration of Justice, Mónica Ceballos, said resolution determines how the judicial decisions of archive and provisional or free dismissal in criminal proceedings by the investigating courts should be compensated, which, from now on, it will be done by the concept of ‘abbreviated procedure with conformity in instruction’, of section I. Criminal Jurisdiction, of the modules and bases of economic compensation of legal professionals.
It also defines the criteria by which incompatibilities with the on-call lawyer must be remunerated, which will be carried out under the concept of ‘ordinary assistance’, in section IX. 1. Guards, of the mentioned modules and bases of economic compensation.
To prove the existence of said incompatibility, such circumstance must be motivated in the certification, sufficiently proving that said service could not be provided by any of the lawyers who were on duty on the day in question in the affected judicial district and provide judicial or police communication that Justify the incompatibility.
Likewise, it clarifies the previous instruction on the application of the Special Immigration Shift, which includes assistance at the police station or immigration brigade, court, foreign detention center or similar, application for international protection/asylum, as well as the appeals for reform and appeal against the internment order, if necessary, and appeal and administrative litigation against the expulsion order.
To avoid double computing the services provided by legal professionals, by jointly applying the module and the amounts related to the Special Immigration Shift and the amounts related to the contentious-administrative appeal, including administrative means, prior mandatory against the expulsion order for them subjects, the economic compensation that corresponds to these services is that of the Special Immigration Shift.
In addition, it is also established that each professional appointed by the Bar Association will serve a maximum of six people, except in exceptional cases that must be duly justified.
This resolution will have full legal effects and will be applied from the certification corresponding to the second quarter of 2023 presented by each of the four bar associations of the archipelago.
