Your right to a public defender paid by the State

The Italian Constitution guarantees the right to justice and to defence to all people regardless of race, sex, citizenship. This right is also recognized to foreigners whether they are in the country legally or not.

If you are accused of committing a crime, you have a right to choose a personal defence lawyer if you can afford one. If you cannot afford a lawyer, the Tribunal will appoint one to represent you free of charge.

·        Who has a right to a public defender paid by the State

In order to qualify for a public defender paid by the State, one must not have earned more than 10.628,16 Euros in the past year. Income tax returns can be used to prove this.

If the accused lives with a spouse or other family members, the income of all family members must be taken into consideration. If the family income exceeds 10,628,16 Euros, then the accused doesn’t have the right to a public defender paid by the State.

Who is not entitled to a public defender paid by the State

•       Those charged with tax evasion. 
•        Those already being defended by other lawyers.
•        Those who have been sentenced for association with mafia,
•        Those involved in drug and tobacco trafficking.

·        How to apply for a public defender paid by the State

The application can be submitted personally by the accused person to the Tribunal, by attaching a copy of a valid ID document. It can also be submitted directly by the client’s lawyer or the lawyer appointed by the Tribunal.

The application which must be undersigned by the accused, is to be submitted using a simple paper and must clearly indicate: 

·     The request for a public defender paid by the State.

·    The personal data and fiscal code of the applicant and of all nuclear family members.

        ·      Proof of income for the previous year (this can be self-certified) Proof of income    from abroad and a declaration from the competent consular authorities certifying that the information provided is true. 

        ·     Commitment to communicate eventual change in one’s income which may determine whether one qualifies for the public defender paid by the State or not

It is important to note that even an irregular immigrant; an immigrant whose Permit of Stay has expired, or one who entered Italy illegally has a right to apply for a public defender paid by the State even if he’s not a holder of a fiscal code.

A person held in a prison or detention centre can also apply for a public defender paid by the State. He can directly submit the application to the director of the institute who will forward it to the judge handling the case.

Within 10 days of submitting the application, the competent judge will verify if it can be accepted or not. The judge’s decision will be directly communicated to the lawyer who submitted the application or to the concerned person.

Guardia di Finanza can check the financial situation of those being assisted by the public defenders paid by the State by consulting their bank accounts and credit societies.

False declarations or omission of information and failure to notify the authorities of eventual change in one’s income are punishable by a prison sentence and a fine ranging from 309,87 to 1.549,37 Euros, in addition to refunding all the expenses incurred by the State.