Public defender appointment method, condition, procedure, cost, fee
Anyone who is arrested or detained in a criminal proceeding, etc., becomes a criminal defendant. At this time, you have the ‘right’ to appoint an attorney as your attorney and entrust your defense. They are called public defenders. Also known as public defender.
Below, we will look at the conditions for hiring public defenders, how to hire them, costs, fees, etc. 국선변호사 선임
How to appoint a public defender
What is a public defender? 좋은뉴스
In accordance with the Constitution of the Republic of Korea, anyone who has become a criminal defendant (the one who has been indicted) who has been arrested or detained in criminal proceedings, etc., has the “right” to appoint an attorney as an attorney and entrust his/her defense. However, there are cases where the accused cannot appoint an attorney due to personal reasons. In this case, the attorney is selected by the state to guarantee the “rights” of the accused.
Conditions for Appointment of Public Defender
Selection of Necessary Public Defender
When an arrest warrant is requested and there is no lawyer for the suspect referred to the warrant substantive inquiry procedure
When the accused is imprisoned, when he is a minor, when he is over 70 years old, when he is deaf, when he is suspected of having a mental or physical disorder, when he is prosecuted for a case subject to the death penalty, life imprisonment or imprisonment for a term of not less than 3 years
When it is recognized as necessary for the protection of rights, taking into account the age, intelligence, education level, etc. of the accused, and the accused has not expressly expressed his/her intention not to appoint a public defender
In the case of a claim for treatment and custody under the Treatment and Custody Act
In cases where the Military Court Act applies
In the case of a defendant who falls under the above, the court appoints a public defender ex officio.
Arbitrary public defender selection
If the accused is unable to appoint an attorney due to poverty or other reasons, he or she may request the court to appoint a public defender. Poverty or other causes are determined by the court.
Average monthly income of less than 2.7 million won, recipients under the 『National Basic Livelihood Security Act』, beneficiaries under the 『Single-parent Family Support Act』, recipients of basic pension under the 『Basic Pension Act』, recipients under the 『Pension for Persons with Disabilities Act』, 『Protection of North Korean Refugees Courts are gradually expanding the reasons for such cases, such as specifying them as cases of protection under the Act on Settlement Support and Settlement Support.
In the past, public defenders were unilaterally selected by the court, but now it is said that it is possible to choose. With the introduction of the voluntary public defender selection system from March 1, 2003, a defendant can arbitrarily select and request a public defender from among the attorneys listed on the prospective public defender list for each court.
How to appoint a public defender Procedure
Public defender applications can be made not only by the defendant, but also by the defendant’s legal representative, direct spouse, relative, siblings, and Australians. However, a third party, such as a friend, neighbor or cousin, cannot apply for a public defender against the accused.
Hiring a public defender is simple. All you have to do is fill out a piece of paper.
The court notifies the defendant about the appointment of a public defender along with serving a copy of the indictment book to the accused.
In particular, when the accused is unable to personally appoint an attorney due to poverty or other reasons, a “Request for Appointment of Public Defender” is printed on the back of the notice.
The defendant’s legal representative, spouse, lineal relatives, and siblings may also independently request the appointment of a public defender.
Public Defender Appointment Request Form
A form for requesting appointment of public defender is attached below. Please download and refer to it. This form is used by the courts.
Download Invoice for Appointment of Public Defender
Public Defender Appointment Invoice Image
Fill in the blanks, sign or seal (unsigned) and promptly submit to the court (within 7 days from the date of receipt of the notice at the latest, or within 20 days from the date of receipt of the notice of receipt of litigation in the case of appeals at the latest) to appoint a public defender You can.
explanatory material to be attached
When requesting the appointment of a public defender, the accused must submit explanatory materials (Article 17-2 of the Rules of Criminal Procedure).
Attach materials that can explain ‘poverty and other reasons’.
You can attach a certificate of recipient, certificate of disability, bankruptcy decision, earned income withholding receipt, health insurance premium payment statement, income amount certificate, debt proof, etc.
Timing of Request for Appointment of Public Defender
In case of 1 trial
If you receive a notice of indictment, you must file a claim immediately. You must ensure that the request for appointment of public defender arrives at the court no later than two weeks before the first trial date.
In case of second trial
When you receive the Notice of Receipt of Litigation Records, you must file a claim immediately. If you do not submit a statement of reason for appeal within 20 days from the date of receipt of the notice of receipt of litigation records, a decision to dismiss the appeal will be issued, so you must request the appointment of a public defender as soon as possible.
What is the cost of a public defender?
It’s free.
The cost of the appointment is paid by the state to the public defender. Public defenders are appointed from among lawyers or judicial trainees, and their fees are paid by the court.
For reference, public defenders are assigned to each court, and if there is a lawyer you want from among the assigned lawyers or other lawyers, you can write it on the public defender appointment request form. However, depending on the circumstances of the lawyer, the desired lawyer may not be selected.
public defender reality
There is a book written by a public defender. It’s a book called <I’ll start the defense>.
I will begin my defense. I hope this book will give you a little insight into the reality of public defenders. The author, a public defender for 6 years, has met about 2,000 defendants while dealing with all kinds of big and small crimes amidst numerous misunderstandings and prejudices about the “governmental line” that has not yet disappeared.
concluding
According to the lawyer industry, the average legal fee for a victim of a criminal case is between 1.5 and 2 million won per case. On the other hand, the general fee for a public defender is 300,000 to 400,000 won per case, which is less than a quarter of the general fee. It is said that it is difficult to do without a sense of duty to ‘help people who have been accidentally victimized by crime’.
For those reading this article, I hope that the case that is currently in dispute or on trial will be resolved smoothly.