Legal Aid Effective July 1.

The “Legal Aid Law”, regarding litigation for the poor, will become effective on July 1. This act not only offers support to those who cannot afford lawyers, it also helps to lead our juridical protection of human rights to a new epoch. The main targets for the “Legal Aid” are people who are financially incapable. Whereas those who have been sentenced to an imprisonment of 3 years or more, or those who are incapable of making statements due to their mental retardation and have not yet selected their advocates are only allowed to apply for the legal assistance without having to go through a review of applications if the presiding judge regards it necessary to designate an advocate. However, this aid does not apply to all cases. The Judiciary Yuan ruled that if the possibility of winning the litigation is almost nil, or if the profit gained by a win is smaller than the litigation fees and the fees payable to lawyers, legal aid would not be provided unless the legal disputes concerned had crucial meaning to the public. 

Legal action taken through the assistance of “Legal Aid” is not free. Instead, litigation fees will be deducted from the government’s budget. The goal for the foundation is NT$10 billion. This may be considered as the largest foundation in Taiwan. Funds will be solicited in the form of donations from the public. The Judiciary Yuan has also drawn up an annual budget of NT50 million and expects it to be fully prepared within 20 years time. (2004.06)

CYJ/SH