Can legal aid be withdrawn?

Verified 01 January 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Legal aid which has been granted to you may be withdrawn, in whole or in part, for fraud, abusive procedure, or increase in your resources or the value of your movable or immovable property.

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Fraud

If you have provided false evidence or made false statements in order to obtain legal aid, it may be withdrawn in its entirety.

Withdrawal of legal aid may be requested by any person interested in the case for which it was granted to you. For example, the opposing party or the public prosecutor.

The legal aid office concerned then decides to withdraw.

You will then have to repay the amounts already collected within a period set by the withdrawal decision.

You also risk a conviction for forgery and use of forgery.

Abusive procedure

The court may withdraw the aid in its entirety if it considers that the legal proceedings for which you obtained it are abusive. This is the case, for example, if the tribunal finds that your complaint is unfounded and is simply intended to harm another person.

Withdrawal of aid may be requested by any person interested in the case, in particular the opposing party or the public prosecutor.

You will then have to repay the sums already received, within a period set by the withdrawal decision.

Increase your resources or the value of your wealth

The aid may be withdrawn if your resources or the value of your movable or immovable property increases significantly during the procedure for which it was granted. The same is true if the court decision in the case grants you new resources, such as compensation.

Withdrawal of aid may be requested by any person interested in the case, in particular the opposing party or the public prosecutor.

This withdrawal may be partial or total depending on the level of increase of your resources and the ceiling exceeded.

The decision is made by the legal aid office.

You will then have to repay the sums already received, within a period set by the withdrawal decision.

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