What legal aid is
Legal aid (patrocinio a spese dello Stato) is the institution through which the State secures the right of defence to citizens of limited means, implementing Article 24, paragraph 3, of the Constitution, which requires that those without means be guaranteed, through appropriate institutions, the means to act and defend themselves before every court.
The rules are contained in the Consolidated Act of legislative and regulatory provisions on justice costs, Presidential Decree no. 115 of 30 May 2002, Part III (Articles 74-141), and apply to civil, criminal, administrative, accounting and tax proceedings and to non-contentious matters. The citizen admitted to the benefit is assisted by a lawyer of his own forum enrolled in the dedicated registers of defence counsel for legal aid, kept by the territorially competent Bar Council.
The principal's enrolment in the registers of the Forlì-Cesena Bar Council
Avv. Gabriele Piermartini is enrolled in the registers of defence counsel for legal aid with the Forlì-Cesena Bar Council:
- Criminal matters: enrolled since 12 February 2018;
- Civil matters: enrolled since 16 March 2020.
Income requirement
Legal aid is available to those whose taxable income for IRPEF purposes, as shown in the most recent tax return, does not exceed a threshold set by law and periodically updated by ministerial decree (Article 76 of Presidential Decree 115/2002).
The threshold in force as at 2024 — set by Ministerial Decree of 10 May 2023 and applicable from 1 March 2023 — is €12,838.01 per year. The amount is subject to periodic updates and it is advisable to verify its current value when the application is filed.
If the applicant lives with a spouse, other family members or a cohabiting partner, the income consists of the sum of the incomes earned in the same period by each member of the household, including income exempt from IRPEF or subject to final withholding or substitute taxation (Article 76, paragraph 2, of Presidential Decree 115/2002).
A derogation from aggregation applies in criminal matters where the case concerns personal rights or where there is a conflict of interest with the other members of the household: in that case only the applicant's income is considered (Article 76, paragraph 4, of Presidential Decree 115/2002).
For criminal matters, moreover, a mechanism for raising the threshold by €1,032.91 for each cohabiting family member applies (Article 92 of Presidential Decree 115/2002).
When legal aid applies
Admission to the benefit covers assistance in proceedings that are:
- civil, including non-contentious matters (separation and divorce proceedings, oppositions to payment orders, employment disputes, lease and condominium disputes, damages actions, etc.) — the claim must not be manifestly unfounded (Article 122 of Presidential Decree 115/2002);
- criminal, at any stage and instance (preliminary investigations, preliminary hearing, trial, appeals, enforcement of sentences, supervisory proceedings), both for the suspect/defendant and for the victim wishing to join the proceedings as a civil party;
- administrative, before the Regional Administrative Court (TAR) and the Council of State;
- tax, before the Tax Courts;
- accounting, before the Court of Auditors;
- non-contentious (interdictions, incapacitations, support administrations, adoptions, etc.);
- out-of-court matters for the ascertainment, exercise or defence of a right, where access to court is conditional on a prior mediation or assisted-negotiation procedure.
Excluded — save for specific derogations — are cases concerning the assignment of claims or of others' rights, conduct amounting to abuse of rights, and cases in which the claim is manifestly unfounded.
How to apply
The application for admission to legal aid is filed with different bodies depending on the matter:
- Civil, administrative, accounting, tax and non-contentious matters: the application is filed with the competent Bar Council (determined by the applicant's residence or by the seat of the court before which the proceedings are pending or are to be brought). The Bar Council decides, as a rule, within ten days of receipt, admitting or rejecting the application by reasoned decision (Articles 124 et seq. of Presidential Decree 115/2002). A refusal may be challenged before the competent tax or ordinary court, depending on the matter.
- Criminal matters: the application is filed, directly or through counsel, with the judicial authority in charge of the proceedings (the public prosecutor during preliminary investigations; the preliminary-investigations or preliminary-hearing judge; the trial judge; the Court of Appeal; etc.), which decides by reasoned decree (Article 96 of Presidential Decree 115/2002).
Filing the application is free of charge in civil matters; in criminal matters, it is exempt from stamp duty.
Required documentation
The application must contain, on pain of inadmissibility (Articles 79 and 121 of Presidential Decree 115/2002):
- the applicant's full particulars (and, in civil matters, those of the cohabiting members of the household);
- a statement, even in summary form, of the facts and points of law underlying the claim brought or the defence raised, with an indication of the evidence to be relied upon;
- a declaration, on the applicant's own responsibility, that the income conditions are met, with a specific indication of the total income shown in the most recent tax return and an authorisation for the competent office to request from social-security bodies, the Tax Registry and any other public administration office, copies of tax returns and any other documentation needed to verify the truthfulness of the declaration;
- for citizens of non-EU countries, a consular certificate of income earned abroad (or self-certification under Presidential Decree 445/2000 where the consular documentation cannot be obtained);
- the appointment of defence counsel enrolled in the Bar Council's registers for the relevant matter, where applicable.
False declarations concerning income are punished under Article 95 of Presidential Decree 115/2002 with imprisonment from one to five years and a fine of €309.87 to €1,549.37; these penalties are increased where the conduct resulted in the benefit being obtained.
What legal aid covers
Admission to legal aid means, among other things, that the State bears:
- the fees and expenses due to defence counsel (assessed by the judge by reasoned decree, according to the parameters of Ministerial Decree 55/2014 reduced by half pursuant to Article 130 of Presidential Decree 115/2002 for civil/administrative/accounting/tax matters; reduced by one third pursuant to Article 106-bis for criminal matters);
- the unified court fee, revenue stamps, the fees and expenses due to the court's auxiliaries (court-appointed consultants, interpreters, etc.) and to the party-appointed technical consultant;
- the costs of service and registration of documents.
Counsel acting under legal aid may not request or receive from the client, in any way, fees or reimbursements supplementing those assessed by the judge (Article 85 of Presidential Decree 115/2002), on pain of disciplinary sanction and removal from the register.
The firm's role
The firm assists the applicant with the preliminary assessment of the requirements, the preparation of the application and supporting documentation, its filing with the Bar Council or the competent judicial authority, and the subsequent conduct of the proceedings — at any instance and in any matter within its practice (see Practice Areas).
The assistance provided at the admission and assessment stage, in itself, entails no cost for the applicant.
For a first discussion
To verify your position and assess an application for admission, you may contact the firm using the details in the Contact section. At the first meeting it is advisable to bring your most recent tax return (730 or Unico form) and the documents relating to the matter for which legal assistance is sought.
Legal references
- Presidential Decree no. 115 of 30 May 2002 — Consolidated Act of legislative and regulatory provisions on justice costs, Part III (Articles 74-141);
- Ministerial Decree of 10 May 2023 — update of the income threshold for admission (€12,838.01);
- Constitution, Article 24, paragraph 3 — guarantee of the means to act and defend oneself for those without means.