Legal assistance
Legal assistance
In Geneva, anyone involved in Swiss civil or administrative proceedings who does not have the necessary means to retain the services of a lawyer or to pay their own legal fees is entitled to apply for legal aid, under certain conditions: the State will pay all or part of the costs of the proceedings. Contrary to popular belief, however, legal aid is not free of charge, and its provision is subject to relatively strict conditions: in particular, anyone wishing to benefit from legal aid must provide exhaustive proof of their financial situation to the competent authority.At federal level, legal aid is regulated by articles 117 et seq. of the Swiss Code of Civil Procedure. At cantonal level, the Regulations on Legal Assistance and Compensation for Legal Counsel and Ex Officio Defenders in Civil, Administrative and Criminal Matters (RAJ) apply.Generally speaking, legal assistance is requested using a form issued by the judicial authority concerned. Applicants are required to provide all the information and documents necessary to assess the merits of their case and their financial and personal situation. When submitting this application, care must be taken. It should also be pointed out that any applicant or beneficiary who intentionally provides incomplete or inaccurate information, or who fails to notify the competent authority of an improvement in their financial situation, may be subject to criminal penalties. Finally, it should be noted that the benefits paid under the legal aid scheme represent a debt owed by the beneficiary to the State. Your friend will therefore be required to repay the services provided as soon as her financial situation allows. It should also be noted that the granting of legal assistance may be accompanied by an obligation to immediately pay a monthly contribution towards the costs incurred.
