You have to know that a public defender It is the one assigned by the bar association especially to defend a defendant.
In the event that said person does not have the financial means to be able to hire a attorney payment, or if you have not wanted to choose one.
Even if you have a good situation economic, but if it is essential for its adequate defense.
Public defenders they will always be assigned at no cost due to free legal assistance.
It is the bar association who may be in charge of determining who will be the attorney of the corresponding duty shift
Since the applicant will not be able to choose it, but this one time assigned Likewise, it will have the same obligations as in particular cases.
How to request a public defender
The income or economic capacity of the applicant will also be taken into account, therefore the right to request a public defender.
It depends on the accounting according to the Public Multiple Effects Income Indicator IPREM, by the time the application.
More specifically, it can be said that this right may be own people who do not exceed the following gross income:
- The account of two times in the IPREM according to the persons not integrated in the family unit
- A two-time count and the mean of the IPREM with respect to the persons that are integrated into the family unit that has more than 4 members.
- Finally 3 times with respect to the IPREM for the units family members who have 4 or more people
In this year 2019, the account of the IPREM monthly was established at 548.60 euros.
Finally we have to indicate that there are special cases in which a public defender without depending on economic capacity.
As they are, for example, in cases of violence against gender, victims of terrorism, people with disabilities and minors.
So that you can request a public defender it is really essential that you contact the bar association that is close to your home.
Steps to follow
- You must go to the corresponding services of the legal guidance that the college of attorney of your locality.
- There you can be advised and the application procedures will be carried out so that you have your public defender as soon as possible.
- In this case, you can also take care of requesting a public defender in the respective courts of the municipality of the people who need the services
- You have to provide the documentation That this is required may vary according to the locality or the case
- The most common to request It is a copy of your DNI, cadastral certificate of the properties
- Copy of your family book, copy of your last income or documents that may show that it has not been presented.
- Report of your life labor, certificates and company payroll, certificate of registration.
- The certificate that certifies that you receive pensions, or in which case you are unemployed and more.
The public defenders They are free as long as your financial situation has not had any change in the following 3 years with respect to the completion of the process.
If this happens, it is likely that if you have to cancel the fee corresponding to your lawyer and those of the attorney
You must be very clear that you cannot choose your lawyer of the trade, so once you have completed the paperwork, you will simply be assigned one.
And his attorney assigned may not choose to resign to represent you with some exceptions of the criminal order that indicate when if you can refuse to do so.
You must wait a period of time before you can be assigned a public defender, this may vary according to the locality,
However it is a norm general that this period of time cannot be very long.
Who can request a public defender?
They can request to a public defender only the following people:
- Any citizen make it spanish.
- All citizens belonging to any state that is a member of the European Union.
- Anyone foreign who is living in Spain, regardless of whether they are legal or not.
- The entities of the Management of the services in common and their respective social security.
- Those associations that have the utility that are also provided for in the law that regulates the rights of association.
Free Legal Assistance
The so-called General Council for the Advocacy of Spain, I place a new web portal at the disposal of any citizen.
This is free Justice, through this it will be possible to comply with the form for the request for free justice.
As well as you can check if the requirements financial requirements that are required to benefit from the right for free assistance.
Among other functions, whenever it is necessary present the documents and your request in everything that has been indicated here.
Regarding the place where will present application.
All respective requests for assistance free legal, with the corresponding documents.
These will be presented in front of the services provided by legal guidance in the college of Lawyers here.
Especially where the court or its court, to know the main process, or in front of the court of the domicile.
Closer to him applicant in case this process has not started yet.
Requirements for the procedure
Initially it will be requested the following data:
- Their Names and full surnames.
- The number that corresponds by your ID.
- The means and places that are preferred for the purposes of notifications
- The date on which you have made this application
- The data personal of your spouse
- The identification of those relatives who are living with the applicant
- The data that can prove your situation economical and the one owned by the family unit.
- All the circumstances that you have personal and family members such as health status.
The identification of the parties or parties that are involved in the litigation.
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