La Free Legal Assistance Law, is based on a series of benefits and free advice that is granted to certain people who are in the position of facing a judicial process and who do not have sufficient resources to cover expenses caused by said process.
This service is provided by the State or by Non-Governmental Organizations, in order to satisfy the right of judicial protection and a process with the maximum guarantee of equality and independence, framed in the fact of the Rights of Defense of every accused person.
With this Free Legal Assistance Law, the people who are benefited can get rid of the costs that are related to a litigation and in this way, they can also receive prior advice related to the defense and the free representation of a specialist, in this case, a "public defender" and a publicist ».
Who has the right to Free Legal Assistance?
As established in Art. 2, of Law 1/1996, of January 10, on Free Legal Assistance, all those mentioned below have the right to free legal assistance in Spain:
- All those natural persons who are Spanish citizens or those foreigners who have legal residence in Spanish territory and who prove the insufficiency of economic resources for the litigation.
- All those legal persons, belonging to public utility associations or also associated with foundations registered in the Public Registry, who request and prove that they do not have sufficient resources to litigate.
To know which are the cases of insufficient economic resources, there is the Public Multiple Effects Income Indicator (IPREM), through which the gross annual income of the people who request Free Legal Assistance can be compared, which should not be exceeded by the limits established in this indicator. For this year 2021, the monthly IPREM is 564,90 euros. Let's see next, when this income cannot be exceeded:
- In the case of, twice the IPREM for those people who are not integrated into the family unit.
- When the IPREM is exceeded two and a half times in the case of those people integrated into a family unit that has more than four members.
- Three times the IPREM for those family units with four or more members.
On the other hand, all those people who have been victims of gender violence, human trafficking, accidents, terrorism, all minors and people with intellectual disabilities or mental illnesses will have the right to Free Legal Assistance. who have been victims of abuse or mistreatment and, therefore, do not have the financial resources.
Free Legal Assistance according to the Spanish Constitution.
According to the Spanish Constitution of 1978, the fact of ensuring and offering judicial protection to all those who require it is established. Established verbatim as follows:
"Justice will be free when so provided by law, and in any case, with respect to those who prove insufficient resources to litigate."
Once this has been established, the resolution that grants or denies free justice to a defendant is generally determined by the Free Justice Commission that operates in the territory where it is requested and, which specifies the following considerations:
1) Organization and Administration: The legislative order frames the right to judicial protection, through the provision of services that are aimed at providing the necessary means for the right to be real and effective. This legislative ordering of the aforementioned services is framed according to the Law of Free Legal Assistance. The services are usually provided directly by specialists in the Legal Profession and the Attorney General's Office, through the different Bar Associations, which are financed by public funds. In addition, they are coordinated by the General Council of Spanish Lawyers, which is the body in charge of being an initial intermediary between the citizen and the corresponding administration.
2) Benefits: According to Art. 6, of the Free Legal Assistance Law, the following benefits are established:
- Provide advice and guidance free of charge prior to the process of all those who intend to claim the required judicial protection with respect to the rights and interests, in case of avoiding the procedural conflict or, in its effect, analyze the viability of the claim.
- Provide the assistance of a lawyer to the detained or imprisoned person who has not appointed him, in the case of any police action that is not a consequence of a criminal procedure that is in progress or in his first appearance before the respective jurisdictional body, or in such case, when it is carried out by means of judicial assistance and that the detainee has not appointed a lawyer in the place where it is provided.
- Provide defense and representation free of charge by the assigned lawyer and the attorney in the judicial process.
- The free insertion of announcements or edicts, in the course of the process, through publication in official newspapers.
- The exemption from the payment of deposits that are necessary for the filing of appeals.
- Offer expert assistance free of charge regarding the process in charge of the technical personnel assigned to the respective jurisdictional bodies or, to the positions of officials, organizations or technical services that are dependent on the Public Administrations, when there is the lack of technicians in the matter that it is addressed and, when the assistance of experts who depend on the jurisdictional bodies or the public administrations themselves is not possible.
- Obtaining, free of charge, copies, testimonies, instruments and notarial acts, in the terms provided according to Art. 130 of the Notarial Regulations.
- The reduction of 80% of those tariff rights that are assigned by the granting of public deeds and by obtaining copies and notarial testimonies that are not contemplated in the previous items and, that provide a direct relationship with the process and that are required by the respective judicial body.
- All the customs duties referred to in the previous items will not be received when the interested party proves income that is below the minimum interprofessional salary.
It is important to note that as the shift of office is paid through subsidies, they must be declared in the taxes that correspond to the Income Statement as income.
3) Scope: Once again, it is the Free Legal Assistance Law that establishes who will enjoy this right to free legal assistance, in addition to establishing who can obtain it due to insufficient resources to litigate. Thus, in Art. 3, the necessary requirements are established to be able to access this benefit of Free Legal Assistance, among which are:
- For natural persons:
- That the people who request it do not exceed the resources or economic income calculated annually for the aforementioned concepts and that per family unit do not exceed twice the IPREM that is in force at the time of making said request.
- When the Free Legal Assistance Commission has attended to all the circumstances regarding the applicant's family environment, such as the number of children or dependents, health status, disability, financial obligations, costs derived from the initiation of the process or other circumstances that support that the applicant is considered in special condition, despite still having exceeded twice the IPREM, but that the resources still do not exceed four times the IPREM, decide to exceptionally grant the right to free legal assistance.
- That is mitigated in defense of rights and own interests.
- For legal persons:
- All those declared of public utility or foundations registered in the corresponding Administrative Registry.
- Those who present a tax base in Corporation Tax that is less than the amount equivalent to three times IPREM in annual computation.
