Is the lawyer obligatory in a criminal trial?
Verified 19 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The lawyer is not always obligatory before the court in criminal matters. In some procedures, the law requires it. Even when the lawyer is not obligatory, the defendant and the victim civil party may request that a lawyer be official clerk or that a lawyer be appointed with legal aid.
Defendant
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The defendant is an adult
The lawyer's not not necessarily obligatory. It all depends on the type of procedure.
Procedure concerned | Mandatory lawyer? |
|---|---|
Immediate appearance | Yes (to agree to be tried on the same day) |
Delayed appearance | Yes |
Pre-Conviction Appearance | Yes |
Quote, direct quote | No |
Summons by judicial police officer | No |
Summons by minutes | No |
Court of Appeal | No |
Court of Assize | Yes |
Court of Cassation | No |
Who shall I contact
If the accused does not know a lawyer, he can ask for one official clerk in the following situations:
- Procedures where the lawyer is obligatory
- At his request, even when the lawyer is not obligatory
- Rapid trial procedures (immediate appearance, appearance on prior conviction or deferred appearance)
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
Who shall I contact
At the hearing, the request must be made to the presiding judge.
FYI
the court-appointed lawyer is not free and must be paid by the defendant he is defending, depending on his income and the complexity of the case. If the accused does not have enough income, he can apply for legal aid.
The defendant is a minor
In all criminal proceedings concerning a minor, the lawyer is obligatory.
Who shall I contact
If the accused minor (or his legal representatives) does not know a lawyer, he can ask for one official clerk.
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
At the hearing, the request must be made to the presiding judge.
FYI
the court-appointed lawyer is not not free and must be paid by the minor he defends or his legal representativesbased on their income and the complexity of the case. If they don't have enough income, they can apply for legal aid.
Victim civil party
The victim civil party has not the obligation to have a lawyer.
If she wants one and she doesn't have enough income, she can apply for legal aid.
Who shall I contact
If the victim does not know a lawyer, he or she can ask for one official clerk.
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
At the hearing, the request must be made to the presiding judge.
FYI
the court-appointed lawyer is not not free and must be paid by the victim he or she is defending, based on his or her income and the complexity of the case.
Who can help me?
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Telephone administrative information - Allo Public Service
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The informants who answer you are from the Department of Justice.
- Bar of Lawyers
Court of Assize
Court of Assize
Quote, direct quote, summons by judicial police officer
Summoning by minutes, appearance immediately, appearance delayed
Constitution of a civil party
Pre-Conviction Appearance
Court of Appeal
Court of Cassation
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