Free administration of justice in Switzerland
Free Justice Administration in Switzerland “Unentgeltliche Rechtspflege”
This type of Administration of Justice is taught for people who do not have sufficient financial resources to request the services of a lawyer, pay the costs of a court and follow the process.
Therefore, the administration of free justice is subject to conditions:
According to Article 117 of the civil procedure code (ZPO)
It will be granted to one of the parties, male or female, if she does not have sufficient means and her legal request is not useless. The administration of free justice can be granted totally or partially.
-the release of advance payments and security charges
-the release of court costs
-the assistance by a legal representative, in case the other party is assisted by a lawyer
It will be granted only upon request, it must be written and duly justified. Said request can be presented before or after the entry of the lis pendens (trial) and must specify your entries and your financial situation. In the event that one of the conditions is lacking, this grant will be withdrawn.
Refund or return:
The granting of the administration of justice does not definitively release the party from paying the costs. The party to whom the administration of free justice has been granted must pay the costs, as long as they have the resources to do so (article 123 ZPO), such as the case of winning the lottery or receiving an inheritance.
This obligation with the state prescribes after 10 years.
This administration of justice works in cases of Civil Law (Family Law) and to assess whether a person has few financial resources, income and expenses should be reviewed, in principle all those who have a salary of less than 3,000 Swiss francs and do not have a real estate property, they should not necessarily depend on the social assistance offered by the state
In case you have any questions, do not hesitate to contact me.
Ana Moncada. A lawyer. Assembly Newspaper, Aargau, February 2014