Organic Law 5/2024_ Right of Defense

11/14/2024 Constitutional Law
Organic Law 5/2024_ Right of Defense

In the Official State Gazette of 14.11.2024, Organic Law 5/2024, on the Right of Defense, was published, which will enter into force on December 4 and aims to guarantee the right to effective judicial protection of natural and legal persons.

 

 

 

 

 

 

 

 

Its main novelties are:

  • In the area of ​​free justice, it reinforces the guarantee of universally accessible legal aid and presents the ex officio turn as an essential pillar of the guarantees of the right of defense. In Final Provision 3, it modifies Law 1/1996 of 10 January on Free Legal Aid, with regard to article 2, by including debtors who are legal persons in the bankruptcy area, and by adding article 2.l) which includes the defense of legal persons in the criminal order when certain requirements are met.

  • In its article 6, relating to the right to information, it includes the right of the holders of the right of defense, natural and legal persons, to be informed about the consequences of a possible sentence in costs. To this end, the Bar Associations may develop and publish guiding, objective and transparent criteria, which allow quantifying and calculating the reasonable amount of the fees for the exclusive purposes of their inclusion in a cost assessment or in a sworn statement of accounts. This new and important legal regulation must allow the approval of new Criteria in accordance with the parameters established by this Organic Law.

  • Likewise, article 10.de establishes the possibility of using Catalan in proceedings before the Supreme Court, the National Court and the Constitutional Court, and also to receive communications in Catalan.
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