Admission to Legal Aid in Criminal Matters
In criminal matters, legal aid is also available to foreign nationals and stateless persons residing in Italy.
Eligibility for legal aid
The following persons are not eligible for legal aid:
– Persons who have been convicted of final convictions for crimes committed in violation of the provisions for the repression of tax evasion on income and value added taxes.
– Persons who are represented by more than one defense counsel.
Income requirements
The income requirements for legal aid are as follows:
– For an individual, the annual income must not exceed €12,838.01.
– For each additional family member, the annual income must be increased by €1,032.91.
Application process
The application for legal aid must be submitted to the court where the proceedings are pending.
– If the applicant is detained, imprisoned, under house arrest, or in a hospital, the application may be submitted to the prison director, police officer, or other appropriate authority.
– If the applicant is unable to provide the required documentation, a sworn statement may be submitted in lieu.
Decision on the application
The court must decide on the application within 10 days of receipt.
– The court will grant the application if the applicant meets the income requirements.
– The court will deny the application if the applicant does not meet the income requirements or if there are other grounds for denying the application.
Appeals
An applicant who is denied legal aid may appeal the decision to the president of the court or the president of the appeals court.
– The appeal is heard by a single judge.
– The decision on the appeal is final.