What is a public defender?

The public defender is a fundamental figure in the Italian legal system, ensuring the right to legal defense even for those who have not appointed a trusted lawyer. This institution is part of the criminal law framework, ensuring that every defendant can be assisted by a criminal lawyer during the judicial proceedings.

The role of the public defender

The public defender is a criminal lawyer, registered in a specific list, who is appointed by the judicial authority to assist the defendant in the criminal trial. The appointment occurs when the defendant has not designated a trusted lawyer. This guarantees respect for the right to defense, as established by Article 24 of the Italian Constitution.

How is the public defender appointed?

The appointment of the public defender takes place according to a rotation criterion among the lawyers listed as public defenders, managed by the Bar Council. To be registered on this list, the lawyer must meet specific professional and competence requirements in criminal law.

What are the rights and duties of the public defender?

• Rights: The public defender has the right to be compensated for their professional activity. The fees are established by law, and in the event of the defendant's economic incapacity, the compensation can be covered by the State through legal aid at the State's expense.
• Duties: Among the primary duties of the public defender is to ensure adequate and diligent defense for the defendant, regardless of their economic condition. They must also inform their client of their rights and the available defense options.

The public defender and legal aid at the State's expense

Legal aid at the State's expense is an institution that allows individuals without means to access legal defense without having to bear the legal costs directly. In these cases, the public defender can request reimbursement for their services from the State, thereby ensuring access to justice for all.

The importance of the public defender in the criminal system

The importance of the public defender lies in their role in protecting the rights of the defendant, ensuring that every person accused of a crime can rely on competent legal representation. This principle is fundamental for the proper functioning of the criminal process and for the protection of human rights.

If you need further information or specific legal assistance, we invite you to contact the Bianucci Law Firm for personalized advice on the topic. We will be happy to provide you with the necessary support for your legal needs.