Commentary on Judgment No. 13398 of 30/01/2024: Legal Aid for Victims
Judgment No. 13398 of January 30, 2024, issued by the Court of Avellino, represents an important ruling on legal aid for victims of crimes. This decision clarifies the requirements and conditions for accessing this form of legal assistance, particularly for those in situations of economic hardship.
Regulatory Context
The relevant legislation, contained in Presidential Decree No. 115 of 2002, provides that victims of certain crimes may apply for legal aid at the state's expense. In particular, Article 76, paragraph 4-ter, establishes that this possibility also extends in derogation of the income limits normally required. This is a significant step towards protecting victims' rights, who often face not only the trauma of the crime but also the economic difficulties of bearing legal costs.
The Court's Decision
Application by the victim of one of the crimes referred to in Article 76, paragraph 4-ter, Presidential Decree No. 115 of 2002 - Requirements of 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 of May 30, 2002, No. 115, may be admitted to legal aid at the state's expense even in derogation of the income limits established by such provision. Therefore, the relevant application must satisfy only the requirements of Article 79, paragraph 1, letters a) and b) of the aforementioned Presidential Decree, limited to the indication of the proceedings, if already pending, to which the application refers and the exact personal details of the interested party. It is not necessary to provide the tax codes and personal details of the members of their household, nor the declarations provided for in letters c) and d) of the same paragraph.
The Court emphasized that, for admission to legal aid at the state's expense, it is sufficient for the application to meet the requirements of Article 79, paragraph 1, letters a) and b). This implies a simplification of procedures, as it is no longer necessary to submit complex documentation regarding the household or other detailed economic information. This decision aims to ensure more equitable 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 protecting the rights of victims of crimes. The simplification of procedures for accessing legal aid at the state's expense is a positive sign, as it acknowledges the economic difficulties that many victims face. It is crucial for institutions to continue working to ensure that justice is accessible to all, regardless of their economic condition.
