Free legal aid is an institution aimed at providing legal advice, assistance, and defense to everyone, including those who are in a financially challenging situation.
In order to apply for it, certain income requirements must be met (updated according to the Istat consumer price index).
For those who benefit from free legal aid, legal expenses are covered by the State.
This institution ensures the constitutional right to defense, allowing those with limited financial resources to act and defend themselves in front of the judiciary, whether civil, criminal, administrative, accounting, or tax.
The minimum income thresholds to access State-funded legal aid are updated by a specific decree from the Ministry of Justice.
The decree that sets the access thresholds for 2024 is the one dated May 10, 2023, published in the Official Gazette on June 6 last year.
It states that those with an income resulting from the last tax return equal to or less than €12,838.01 are eligible for free legal aid.
If the applicant lives with their spouse or other family members, the income is the sum of the incomes earned during the same period by each family member, including the applicant.
Additionally, according to Article 92 of the consolidated law on court costs, the income limits are increased by €1,032.91 for each cohabiting family member.
For the purpose of free legal aid at the State’s expense, all types of income are relevant, including those from dependent work, self-employment, business, capital, property income, and more.
Even incomes exempt from personal income tax (Irpef) and those excluded from the taxable base for tax purposes are included in the calculation.
Also considered are the incomes received by cohabiting family members, except in cases where the judgment concerns highly personal rights protected by privacy laws or conflicts of interest with other family members (e.g., judicial divorce).
As stated in Presidential Decree No.
115 of 2002, Italian citizens, foreigners with a regular residence permit at the time of the legal relationship or fact in question, stateless individuals, and non-profit entities or associations not engaged in economic activities may request admission to State-funded legal aid.
To be eligible, individuals must have a taxable income for income tax purposes, as per the last tax return, not exceeding €12,838.01.
However, there are certain crimes, such as those related to tax evasion or organized crime, for which access to free legal aid is never possible, even with the specified income conditions.
The income limit set by law does not apply in cases of sexual offenses, such as stalking, sexual violence, and child grooming.
Victims of these crimes can access free legal aid regardless of their income.
There are specific cases where income limits do not apply, allowing victims of certain crimes to have State-funded legal aid in all circumstances.
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