Law on Legal Aid and Ex Officio Representation (LAG) (JHVG)

1 This Act regulates legal aid and ex officio representation in proceedings before judicial and administrative authorities.

2 Special laws are reserved.

Judicial assistance ensures that those who lack the means to cover the costs of proceedings or legal representation can protect their rights before judicial and administrative authorities.

1 Legal aid extends to

- exemption from advances and securities;

- exemption from court fees and expenses;

- admission to legal aid.

2 Legal aid is granted, upon request, in whole or in part; if the conditions are met, the authority is obliged to grant it partially.

3 It is excluded if the procedure does not present a possibility of a favourable outcome for the applicant.

The legal representative is entitled to the fees and expenses for services arising from a reasonable conduct of the mandate, according to the tariff fixed by the Council of State; excluded, in particular, are those that are unnecessary and those not connected with the main procedure.

1. The person benefiting from legal aid is obliged to notify the competent authority without delay of any change in their economic situation.

2. By submitting the application for legal aid, the applicant releases third parties from official and tax secrecy to the extent necessary for the assessment of the economic situation.

1 The person benefiting from legal aid is obliged to reimburse the State for the amounts assumed or paid by the latter when a change in their economic situation allows them to do so.

2 The decision rests with the Council of State, with the power to delegate; an appeal against such a decision may be lodged with the Cantonal Administrative Court within fifteen days.

3 The action for reimbursement is subject to a limitation period of ten years from the date on which the decision concerning remuneration and the decision on court fees and expenses become legally binding.

Legal aid is ordered when a party does not appoint legal counsel, even if they are not manifestly able to conduct their own case.

1 Fees and Legal Aid Costs Guaranteed by the State

Fees and legal aid costs are guaranteed by the State according to the tariff fixed by the Council of State.

**2 Scope of Guarantee for Police Interrogations**

The guarantee extends to the legal counsel's intervention in police interrogations during the investigative procedure of an accused person in provisional arrest.

The rules on legal aid are applicable by analogy.

1 The authority competent to grant legal aid and to appoint ex officio counsel is the court of jurisdiction.

2 An annual list shall be prepared, indicating

a) by name, the magistrate or administrative official competent who appointed the ex officio counsel or granted legal aid;

b) by name, the lawyer who was appointed, with an indication of the law firm in which they operate;

c) the total expenditure, for the reference year, arising from ex officio defenses and legal aid. [1]

3 The list referred to in the preceding paragraph is public and shall be prepared by the Office for Collections and Alternative Sanctions. [2]

[1] Para. introduced by Law of 20.5.2025; in force since 25.7.2025 - BU 2025, 150.

[2] Para. introduced by Law of 20.5.2025; in force since 25.7.2025 - BU 2025, 150.

The Council of State may issue a regulation on the procedure for the recovery of amounts advanced for legal aid and ex officio representation.

1 Decisions concerning legal aid and official representation may be appealed before the authority competent to decide on the merits of appeals against the decisions of the granting authority.

2 The appeal may be brought using the legal remedy applicable for challenging the merits.

To the extent not provided for in the law and its implementing regulations, the provisions of the Code of Civil Procedure (CPC) concerning legal aid and ex officio legal representation shall apply by analogy.

Once the deadlines for exercising the right of referendum have expired, this Act shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on 1 January 2011.

Published in OB 2011, 263.