You have the right to hire a lawyer of your own choosing to represent you in contravention proceedings. There is no automatic right to a state-paid lawyer in this process, except for the specific listed cases.
The right to a lawyer
You have the right to hire a lawyer at any stage of the contravention proceedings. This means that you can already choose a lawyer for the proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer in international human rights law
The state must guarantee your right to a fair trial. Therefore, according to human rights standards, the state should provide you with a lawyer if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.
Moldovan law
Moldovan law provides for free legal aid in contravention proceedings notwithstanding the possibility to pay for a lawyer in cases when:
- the person is arrested
- the person is charged with a deed liable to the penalty of contravention arrest
- the person faces the risk of being expelled
- the person faces the risk of replacing the already applied penalty of a fine or community work with contravention arrest
- the person was a beneficiary of social aid during 6 calendar months prior to the month when legal aid request was submitted
In addition, free legal aid is also provided in contravention proceedings, with certain exceptions mentioned in the law, 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.
As a result, in all other cases, you will either have to represent and defend yourself, or pay for a lawyer. As the State is obliged to protect human rights, it may be held responsible where you did not receive a fair and equal trial because you couldn’t afford a lawyer and your right to a fair trial was violated.
How to complain
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights before international human rights institutions.