Is the lawyer obligatory in a criminal trial?

Verified 22 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The lawyer is not always obligatory before the court in criminal matters. In some procedures, the law requires it. Even when the lawyer is not obligatory, the defendant and the victim civil party may request that a lawyer be appointed or that a lawyer be appointed with legal aid.

Defendant

The lawyer isn't necessarily obligatory. It all depends on the type of procedure.

Tableau - Duty of counsel according to procedure

Procedure concerned

Mandatory lawyer?

Immediate appearance

Yes

Delayed appearance

Yes

Pre-Conviction Appearance

Yes

Quote, direct quote

No

Summons by judicial police officer

No

Summons by minutes

No

Court of Appeal

No

Court of Assize

Yes

Court of Cassation

No

Who shall I contact

If the accused does not know a lawyer, he can ask for one official clerk in the following situations:

Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.

At the hearing, the request must be made to the Hearing Officer.

A public defender is not free and must be paid by the defendant he is defending, depending on his income and the complexity of the case. If the accused does not have enough income, he can apply for legal aid.

In all criminal proceedings concerning a minorNo, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no,

Who shall I contact

If the accused minor (or his legal representatives) does not know a lawyer, he can ask for one official clerk.

Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.

At the hearing, the request must be made to the Hearing Officer.

A public defender is not free of charge and must be paid by the minor he defends or his legal representativesbased on their income and the complexity of the case. If they don't have enough income, they can apply for legal aid.

Victim civil party

The victim civil party He doesn't have to have a lawyer.

If she wants one and she doesn't have enough income, she can apply for legal aid.

Who shall I contact

If the victim does not know a lawyer, he or she can ask for one official clerk.

Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.

At the hearing, the request must be made to the Hearing Officer.

A public defender is not free and must be paid by the victim he or she is defending, depending on his or her income and the complexity of the case.