Initiation of the procedure
The procedure to recognize the right to free legal aid will start at application of interested person, by submitting the application in the Legal Guidance Services of the respective Bar Association or before the Court or the Dean of Courts of the judicial district corresponding to the domicile of the applicant.
► Correction of deficiencies
The Legal Orientation Services will examine the documentation presented and, if they find that it is insufficient or that there are deficiencies in the application, the respective Bar Association will contact the applicant so that it can be corrected within a period of 10 days, otherwise the request will be archived
► Provisional appointment of lawyer and solicitor
If it is deduced from the documentation that the applicant meets the requirements, the provisional appointment of a lawyer and, where appropriate, a solicitor will be made.
This designation is provisional since it must be confirmed by the Free Legal Assistance Commission to be final.
The Commission will dictate resolution definitively recognizing or denying the right to free legal assistance.
The resolutions of the Free Legal Assistance Commission are they will notify the applicant, the Judicial Body, the Bar Association and, where appropriate, the Bar Association.
In the event that free legal assistance is recognized, you are entitled to all the benefits set forth in article 6 of Law 1/1996, of January 10, including free defense and representation by a lawyer and solicitor in the established terms. in said precept. However, it will be necessary to take into account the provisions of sections 2 and 3 of article 36 of the aforementioned Law in relation to the payment of costs.
Challenge of the resolution
resolutions of the Free Legal Assistance Commission that recognize, deny or revoke the right to free legal assistance may be challenged within 10 days business by those who are holders of a right or legitimate interest.
The challenge brief (which does not have to obey any pre-established model) must be submitted to the Commission, which will send it to the competent Court, which will be the one to resolve it.
Against the Order issued by the Judge there is no recourse.
Written challenge model
Revocation of the resolution
The Commission can "revoke" the recognition of the right to free legal assistance if it finds that the applicant has falsified or hidden data that has been decisive for the recognition of the right.
In the event that the granted right is revoked, the beneficiary of legal aid is obliged to payment of fees and economic rights accrued by professionals appointed ex officio.