Free Legal Aid in Switzerland

Conditions

Indigence (art. 117 let. a CPC)

Unable to cover litigation costs without compromising essential needs. Assessment covers income, assets, charges and obligations. Disposable income after deducting essential expenses determines eligibility. Easily realisable assets also considered.

Chances of Success (art. 117 let. b CPC)

The case must not appear devoid of all chance of success. Summary assessment: chances of winning must not be manifestly inferior to risks of losing.

Scope

Waiver of Court Fee Advances (art. 118 para. 1 let. a CPC)

Fees not cancelled but deferred. If the beneficiary returns to better fortune, they may be required to reimburse (art. 123 CPC).

Appointment of Court-Appointed Lawyer (art. 118 para. 1 let. c CPC)

If legal representation is necessary. Paid by the State. Beneficiary does not freely choose but may express preferences.

Criminal Law Legal Aid

Court-Appointed Defence (art. 132-133 CrimPC)

When the accused is indigent and legal assistance is necessary. Mandatory defence (art. 130 CrimPC): required regardless of financial situation when detention exceeds 10 days or the accused faces over one year imprisonment.

Application

Written application to the competent court with financial documentation (pay slips, tax assessments, bank statements, expense justification). May be filed before or during proceedings. Decision by order. Refusal appealable within 30 days (art. 100 FSCA).

Limits

Legal aid does not cover the opposing party's costs if the case is lost. The beneficiary remains liable for costs awards. Aid may be withdrawn if conditions are no longer met.