You may hire a lawyer during the criminal proceedings. The state does not have an automatic duty to provide you with free legal aid.

Right to a lawyer

You may hire a lawyer at any stage of the proceedings. Your lawyer may be present every time you are required, or you choose, to participate in the criminal proceedings. For example, your lawyer may be present while you give testimony, during various investigative actions where your presence is required, at all court hearings etc.

State-paid lawyer

In exceptional circumstances, if you cannot afford a lawyer and you need legal aid to be able to exercise your rights and defend your interests effectively, the State can assign you a state-paid lawyer. This will only be done if there is no other way to ensure that your interests are protected in the criminal proceedings and if you are a low-income person. Victims of human trafficking, domestic violence, sexual crimes, torture, inhuman and degrading treatment are entitled to state-paid lawyer regardless of their income.

Mandatory legal aid

Minor victims that are in procedural conflict of interest with their legal representatives, for example, minors who are the victims of sexual crimes or violent crimes committed by persons on whom they were dependent, must have another legal guardian appointed as representative, eventually also a lawyer defending their interests. If they cannot afford a lawyer, the person in charge of the criminal proceedings must assign a state-paid lawyer.

Resources

Last updated 25/07/2023