Act on Legal Aid (LAJ) (GUR)

1. Conditions for Granting Free Legal Aid, Its Scope, and Applicable Procedures Are Contained

a) In Civil Matters in the Swiss Code of Civil Procedure;

b) In Criminal Matters for Violations Against Federal Law in the Swiss Code of Criminal Procedure and the Swiss Juvenile Criminal Procedure Code;

c) In Criminal Matters for Violations Against Cantonal Law in the Swiss Code of Criminal Procedure and the Swiss Juvenile Criminal Procedure Code, to be applied analogously.

**1. A person is entitled to free legal assistance if:**

a) they do not have the necessary means; and

b) their legal claim does not appear to be without merit.

**2. The benefit of free legal counsel is only granted further if it is necessary for the defense of the applicant's interests.**

1. Legal aid includes

a) exemption from advance payments and security deposits;

b) exemption from legal costs;

c) designation of an official legal advisor.

2. It can be granted fully or partially.

1. Legal Aid can be requested at any time, either before or after the commencement of litigation.

1. The decision to grant legal aid takes effect from the day the application is submitted.

2. In appeal proceedings, a new application for legal aid must be submitted.

3. If the applicant was prevented from asserting his claim for legal aid in a timely manner through no fault of his own, the competent authority must give retroactive effect to its decision.

1. The authority addressed must ensure throughout the entire duration of the proceedings that the conditions for the entitlement to legal aid continue to be met. The party represented must promptly inform it of all new facts that may affect the entitlement.

2. Legal aid shall be revoked ex officio or upon request of the opposing party if the entitlement of the party conducting the proceedings with free legal aid lapses.

3. The revocation is only retroactive if the party conducting the proceedings with free legal aid misled the competent authority or failed to timely inform it of changes that could affect their entitlement to legal aid.

1. The procedure for granting and withdrawing free legal aid before administrative authorities, the public law division of the cantonal court, and the social insurance division of the cantonal court is governed by the rules of the Law on Administrative Procedure and Administrative Justice (VVRG) and, subsidiarily, by the Ordinance of the State Council.

1. If the party conducting the proceedings pro bono is unsuccessful, the legal costs shall be allocated as follows

a) The pro bono legal counsel shall be compensated by the public community;

b) The procedural costs shall be borne by the public community;

c) Any advances made by the opposing party shall be reimbursed to them;

d) The pro bono party must pay the opposing party the party compensation.

2. If the pro bono party is successful, the pro bono legal counsel shall be compensated by the public community, provided the opposing party, which is obliged to pay the party compensation, proves to be insolvent.

1. The compensation of the unpaid legal counsel is governed by the provisions of the law concerning the tariff of costs and compensations before judicial or administrative authorities.

1. Subject to federal law, the financially responsible community requires the party litigating without charge to reimburse its services

a) if the economic situation, which allowed the granting of free legal aid, has improved, especially if the party has acquired sufficient means as a result of the proceedings;

b) if the free legal aid was granted unjustly.

2. The right to reimbursement becomes time-barred after ten years following the finality of the judgment.

1. In civil and criminal legal matters, the provision of free legal aid services is the responsibility of the State.

2. In administrative legal matters, the provision of free legal aid services is the responsibility of

a) the State, or

b) the municipal community for cases in which the proceedings are conducted before a municipal authority under the application of municipal law.

1. The executing body of the liable community entity is the department responsible for finances when the state is obligated for legal aid, and the municipal administration in other cases.

2. The executing body determines the costs arising from legal aid and oversees reimbursements in accordance with federal and cantonal legislation. To this end, the executing body maintains a register and a due date ledger.

1. The liable public entity bears primary responsibility for the unlawful acts committed by the official legal advisor in the exercise of their mandate and has a right of recourse.

1. The State Council shall issue the regulations for the execution of the present law by means of an ordinance.

1. The Introductory Act to the Federal Act on Coercive Measures in Alien Law of November 15, 1996 is amended.

2. The Act on Judicial and Administrative Legal Assistance of January 29, 1988 is repealed.

1. The Transitional Provisions of the Swiss Civil Procedure Code and the Swiss Criminal Procedure Code apply to the pending proceedings in civil and criminal matters regarding legal aid.

2. For the ongoing legal aid proceedings in administrative matters and in the field of social insurances at the time of the entry into force of this Act, the old law is applicable.

1. This law is subject to an optional referendum.

2. The State Council determines the date of its entry into force.