Appeal for Legal Aid Rejected Due to Unexplained Asset Disposition
Sintesi Legislator
Generato dall'IAAn appellant sought legal aid for an appeal against a lower court's decision that rejected their request for provisional measures, arguing they were financially incapable of affording legal representation despite being gainfully employed, having received payments from a third party, and possessing assets. The appellate court upheld the rejection, reasoning that while the appellant had demonstrated insufficient current income to cover the anticipated costs without jeopardizing their subsistence, they had failed to credibly explain the disposition of prior substantial asset transfers and current income, thus failing to meet the requirement of demonstrated financial necessity for granting state-funded legal assistance.
Regesto Legislator
Generato dall'IAAppeal for Legal Aid Rejected Due to Unexplained Asset Disposition: The appellate court upheld the rejection, reasoning that while the appellant had demonstrated insufficient current income to cover the anticipated costs without jeopardizing their subsistence, they had failed to credibly explain the disposition of prior substantial asset transfers and current income, thus failing to meet the requirement of demonstrated financial necessity for granting state-funded legal assistance.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
\n
\n
\n\n| | | |\n Kantonsgericht Schwyz |\n 1 |\n \n\n
\n \n \n \n \n
\n \n Beschluss vom 2. November 2020 \n BEK 2020 152 \n \n \n
\n\n| | |
|\n Mitwirkend |\n Kantonsgerichtsvizepräsidentin lic. iur. Daniela Pérez-Steiner, Kantonsrichter Clara Betschart und Josef Reichlin, Gerichtsschreiberin lic. iur. Antoinette Hürlimann. |\n
\n\n
\n \n \n
\n\n| | | |\n In Sachen |\n A.________, \n Gesuchsteller, \n amtlich verteidigt durch B.________, |\n \n\n
\n