The institute of legal aid , also known as legal aid , is provided for by Italian law in order to implement the provisions of art. 24 of the Constitution, that is to assure to the inadequate the means to act and defend themselves before any jurisdiction.
The institute is completely regulated by the Consolidated Act on justice expenses (presidential decree 115/2002) which deals with defining the requirements and conditions for admission, the procedures for submitting the application for admission as well as, inter alia , the ways in which lawyers who perform their work can be paid fees and expenses.
A theme, the latter, particularly sensitive and delicate and on which the most recent jurisprudence of legitimacy and merit has repeatedly returned to provide explanations, clarifications and guidelines.
On the contrary, confirming the relevance of the subject, we also note the proposed reform proposed by the National Forensic Council and presented in Rome on 21 February to guarantee greater inclusion and effectiveness, as well as protection of the right of defense.
Read: Free patronage: the reform proposal of the CNF
Free patronage: the clarifications of the Ministry
At the beginning of the year it was the Ministry of Justice , with a circular dated January 10th, to consider having to provide clarifications regarding the interpretation and application of art. 83 of Presidential Decree 115/2002, responding to some reports.
Read Free legal aid: the lawyer must be paid quickly
For the dicastery, the law aims to speed up the settlement of the fees due to the lawyer for the defensive activity given in favor of the party admitted to state sponsorship. It is clarified, however, that the provision for the payment of the payment (payment decree) must be issued by a separate deed and separate from the provision that defines the judgment.
According to the Ministry, moreover, it can not share the practice of some judicial offices which, in relation to the application for liquidation of the legal fees, require the financial office to ascertain the actual income situation of the assisted party, referring to the outcome of the same adoption of the payment decree.
Still on the subject of legal aid , the Ministry of Justice itself (circular 8 June 2018) recently clarified that, in the procedure for the compensation of tax debts as per Ministerial Decree of July 15, 2016, credits that are paid in favor of lawyers must also be admitted. office defenders for the activities carried out in the criminal trial, where these fail to collect them due to unavailability of the client or after having successfully completed the procedures for the recovery of professional credits (for further details: Lawyers of the office: unpaid compensated fees ).
