Courts and complaints

Can I get free legal aid?

Huquqchi legal team

Yes. The Constitution guarantees everyone the right to qualified legal assistance. The state pays for it in the cases the law names, including where a defence lawyer must take part in a criminal case. In a civil case the court secures a lawyer at state expense at a party's request.

The constitutional guarantee

Under article 29 of the Constitution, everyone is guaranteed the right to receive qualified legal assistance. In the cases the law names, that assistance is given at the expense of the state.

In criminal cases

Article 51 of the Criminal Procedure Code lists the cases where a defence lawyer must take part: for example cases of minors, or of persons who do not know the language of the proceedings. If no defence lawyer was invited in such a case, the inquiry officer, the investigator, the prosecutor or the court must secure the participation of a lawyer who gives legal assistance at the expense of the state.

Where to apply

Apply to the body or the court that handles the case. In a criminal case the inquiry officer, the investigator, the prosecutor or the court, and in a civil case the court, takes measures at a party's request to secure the participation of a lawyer at the expense of the state. This follows the procedure set by the Law on Legal Assistance at the Expense of the State.

Advice

Before you apply, put your documents in order and write the chronology of events on one sheet. This saves consultation time and improves the quality of the answer.

Legal sources

Legal basisConstitution, article 29 Legal basisCriminal Procedure Code, article 51 Legal basisCriminal Procedure Code, article 50

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.