If you need legal assistance, you have the right to hire a lawyer of your choice at any point during the trial. You have a right to free legal aid only if you can't afford it and if the court process would be unjust without a lawyer’s help.
Right to a lawyer
You have a right to hire a lawyer at any stage of civil proceedings. This means that your lawyer can represent you at all court hearings and submit all the documents that you, as a party to the case, are required to submit.
State-paid lawyer
Human rights demand that the state must provide you with a free lawyer if:
- you cannot afford to hire one and
- if a fair hearing cannot be otherwise guaranteed
This is to ensure that you are not put in a worse situation than your opponent and that you can participate in the proceedings meaningfully.
example You will be entitled to a lawyer if your case is so complex that without the help of a lawyer you cannot meaningfully participate in the trial and understand what is happening in your case.
Several aspects will be assessed to determine whether you need a lawyer in your case. These are:
- the complexity of the proceedings
- your capacity to represent yourself effectively
- what is at stake for you at the trial
Moldovan law
In Moldova, you can only receive free legal aid if you need it to ensure your meaningful participation in the proceedings. Thus, free legal aid is provided in civil proceedings, where you do not have sufficient means to pay for these services, while the cases being complex from a legal or procedural point of view.
In a list of cases provided by the Law, you may receive free legal aid in civil proceedings notwithstanding your income and the possibility to pay for a lawyer:
- proceedings on judicial protection measures (provisional protection, custody, guardianship)
- proceedings on forced hospitalization in a psychiatric facility
- proceedings on protection measures for the victims of domestic violence or
- if you are a person with severe or pronounced disabilities, or were a beneficiary of social aid during 6 calendar months prior to the month when your legal aid request was submitted
In Moldova, there are also a number of claims for which free legal aid will not be given. You cannot ask for a free lawyer in defamation cases, claims for defence of neighbourhood rights, cases concerning your commercial activity and cases where the value of the claim is less than a half of the minimum monthly salary in the country established by the Government.
How to apply for legal aid
To get a state-paid lawyer, you must file a request for legal aid to the National Legal Aid Council. You must file the request in a timely manner and provide full and truthful information about yourself and your situation.
How to complain
When you think you are entitled to a state-paid lawyer under national law, but were unlawfully refused, you should challenge the refusal directly in administrative court proceedings, without observing the prior procedure.
If you are not entitled to a lawyer under national law, but you cannot participate meaningfully in the court procedure without a lawyer, your right to a fair trial may be violated. If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, you should still ask the court in all instances to provide you with a lawyer free of charge. Even if you receive a refusal, you will be able to complain later about a potential violation of your rights in international human rights institutions.