In which cases are you entitled to have a lawyer appointed at public expense?

As a victim or survivor of a criminal case, you have the right to be assisted by a legal aid lawyer. The role of the legal aid lawyer is to safeguard the rights of victims and survivors. You can read more about the role of the legal aid lawyer here.

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In some cases, you are entitled to have a court-appointed lawyer. This means that the public authorities will cover your legal expenses.

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Section 107a of the Criminal Procedure Act regulates the cases in which you can have an assistant lawyer appointed by the court:

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In cases concerning restraining orders, forced marriage, human trafficking, abuse in close relationships, female genital mutilation and sexual offenses, you are entitled to have a legal aid lawyer appointed. The same applies if the criminal act is likely to cause you serious and/or long-term harm.

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Children who are victims in criminal proceedings have the right to be accompanied by a legal aid lawyer when being questioned by a judge. The same applies to cases where a child is attending a juvenile court hearing and a public defender has been appointed for the perpetrator.

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Furthermore, as a survivor, you may be entitled to the appointment of a legal aid lawyer. You are entitled to this if a child under the age of 18, for whom you had parental responsibility, has died as a result of a criminal offense. In other cases, the court may appoint an assistant lawyer for the bereaved when special circumstances indicate that there is a need for one.

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In addition, the court may appoint an assistant lawyer for you as the victim where the nature and seriousness of the case, the interests of those affected or other special circumstances indicate that a lawyer is needed. The court will then make a concrete assessment of the nature and character of the case, based on an application from the lawyer. If you feel you need help, you should therefore contact a lawyer in any case. The lawyer can help you assess your case and apply to the court for appointment if there are grounds to apply.

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We at Insa advokater can assess your case and apply for an appointment if we find grounds for it. This does not cost you anything. If you are not appointed by the court, but still want the assistance of a legal aid lawyer, you must cover the costs of the lawyer yourself. We can still assist you.

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Contact us for an informal and non-binding chat here!