top of page

FREE PATRONAGE

Legal aid, commonly known as "free legal aid", also allows the less well-off to act and defend themselves before the judicial, civil, criminal, administrative, accounting and tax authorities.

COMPENSATION FOR THE JUDICIAL ACTIVITY CARRIED OUT BY THE LAWYER

IT REMAINS AT THE STATE'S RESPONSIBILITY!

If they need to be represented in court, both to act and to defend themselves, poor people can request the appointment of a lawyer and his assistance at the expense of the state, taking advantage of the institution of legal aid (free legal aid) ).

As regards the effects of admission to legal aid, it is necessary to distinguish:

criminal trial (art. 107, 3rd co. lett. c)): travel allowances, rights, shipping costs for notifications by bailiffs at the request of the office or part are prepaid by the treasury;
civil proceedings (art. 131, 5th co.): they are advanced or booked in advance with the modalities of art. 33 TU for notifications at the request of a party, travel allowances, rights and shipping costs;
procedure for adoption (art.143, 1st co., lett.d): travel allowances, rights and shipping costs for notifications upon official request and for notifications and deeds are advanced by the Treasury execution at the request of a party;
procedure of interdiction and disqualification at the request of the public prosecutor (art. 145): reference to art. 131;
procedure in which the Public Administration is part (art.158, 2nd co.): the travel allowances and shipping costs of the bailiffs for notifications and enforcement documents are advanced by the Treasury at the request of the administration.
Free legal aid is provided for cross-border disputes also for legal consultancy and extrajudicial assistance prodromal to the procedural action.

Requirements:
To be admitted to legal aid, the applicant must have a taxable annual income, resulting from the last return, not exceeding € 11,528.41 gross.

In the Italian criminal proceedings, the institution can be revoked by the judge in the first instance sentence, despite the continuation of the requirements, depriving the convict of the possibility of accessing the other degrees of judgment.

The revocation measure can be taken on the basis of the presumption of the existence of income, even if not proven.

If the person concerned lives with his spouse or other family members, the income consists of the sum of the income earned in the same period by each member of the family, including the applicant.

 

When there is an interest of one of the family members in the dispute that is arising, his income must not be calculated in sum: the income for the determination of compliance with the admissibility threshold will be calculated by referring only to the applicant and to any other family members living together not in conflict.

Legal Counseling & Assistant ensures that the cardinal principle of the legal profession, that is the defense of the rights and interests of its clients, finds its widest application even for the less well-off, allowing them to easily access, in compliance with the requirements, institute of state sponsorship, without failing the guaranteed professionalism.

bottom of page