Free justice in Switzerland “Unentgeltliche Rechtspflege “.
This type of administration of justice is provided for persons who do not have sufficient financial means to apply for the service of a lawyer, pay court costs and follow the proceedings.
Therefore the administration of free justice is subject to conditions:
According to Article 117 of the civil procedure code (ZPO).
It shall be granted to one of the parties, whether male or female, if he or she does not have sufficient means and his or her legal request is not futile. The administration of legal aid may be granted in whole or in part.
Content:
- The release of advance payments and security charges.
- Release from court costs.
- Assistance by a legal representative, in case the other party is assisted by counsel.
Application:
It will be granted only upon request, must be in writing and must be duly justified. Such request may be submitted before or after the entry of the lis pendens (trial) and must specify your income and economic situation. In the event that one of the conditions is not met, the grant will be withdrawn.
Reimbursement or refund:
The granting of the administration of justice does not definitively release the party from the payment of costs. The party to whom the administration of free justice has been granted must pay the costs, as long as he has the resources to do so (article 123 ZPO), as would be the case if he wins the lottery or receives an inheritance.
This obligation to the state prescribes after 10 years.
This administration of justice works in cases of civil law (family law) and to assess whether a person has few financial resources should be reviewed income and expenses, in principle anyone who has a salary of less than 3000 Swiss francs and do not have a real estate property, should not necessarily depend on the social assistance offered by the state.
If you have any questions, please do not hesitate to contact me.
Ana Moncada. Lawyer. Assembly Newspaper, Aargau, February 2014
