Commentary on Judgment No. 13398 of 30/01/2024: Legal Aid at State Expense for Victims

Judgment No. 13398 of January 30, 2024, issued by the Court of Avellino, represents an important ruling regarding legal aid at state expense for victims of crimes. This decision clarifies the requirements and conditions for access to this form of legal assistance, particularly for those in situations of economic hardship.

The Regulatory Context

The relevant legislation, contained in Presidential Decree No. 115 of 2002, provides that victims of certain crimes may request to be admitted to legal aid at state expense. In particular, Article 76, paragraph 4-ter, establishes that this possibility also applies in derogation of the normally required income limits. This is a significant step towards the protection of victims' rights, who often face not only the trauma of the crime but also economic difficulties in bearing legal costs.

The Court's Decision

Request of the victim of one of the crimes referred to in Article 76, paragraph 4-ter, Presidential Decree No. 115 of 2002 - Requirements referred to in Article 79, paragraph 1, Presidential Decree No. 115 of 2002 - Necessity - Limits - Reasons. The victim of one of the crimes indicated by Article 76, paragraph 4-ter, Presidential Decree No. 115 of May 30, 2002, can be admitted to legal aid at state expense even in derogation of the income limits established by that provision, so that the related request must meet only the requirements referred to in Article 79, paragraph 1, letters a) and b), of the aforementioned Presidential Decree, limited to the indication of the ongoing proceedings to which the request refers and the exact personal details of the interested party, without the need to provide tax codes and personal details of the members of their household, nor the attachments required under letters c) and d) of the same paragraph.

The Court emphasized that, for admission to legal aid at state expense, it is sufficient for the request to meet the requirements referred to in Article 79, paragraph 1, letters a) and b). This implies a simplification of the procedures, as it is no longer necessary to present complex documentation concerning the household or other detailed economic information. This decision aims to ensure fairer access to justice by reducing bureaucratic barriers for crime victims.

Conclusions

In conclusion, Judgment No. 13398 of January 30, 2024, represents a step forward in the protection of the rights of victims of crimes. The simplification of procedures for access to legal aid at state expense is a positive signal, as it acknowledges the economic difficulties that many victims face. It is essential that institutions continue to work to ensure that justice is accessible to all, regardless of their economic situation.

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