A public defender is the lawyer who assists a person under investigation or a defendant when they have not appointed a private legal counsel, or when the chosen defense counsel can no longer perform their duties. If you receive a document bearing this name, it is natural to wonder who appointed them, whether they truly work in your interest, whether you can choose another lawyer, and whether you will have to bear the cost.
Defense is guaranteed even without a prior choice. I want to clarify what this appointment entails in criminal proceedings, at what stages it can take place, and what difference exists between a public defense appointment and legal aid at the State's expense. These are distinct institutions: the former ensures the presence of a defense counsel; the latter concerns, under certain conditions, the payment for their activity.
Why the public defender exists
No one can face alone criminal proceedings for which the law requires a defense counsel. Criminal proceedings involve decisions that can affect personal freedom, the possibility of making statements, requesting evidence, and challenging an accusation. For this reason, if the person under investigation or the defendant does not have a private lawyer, the law ensures the assistance of a public defender.
Article 97 of the code of criminal procedure establishes this rule and specifies that the appointment may be necessary even when private counsel is no longer available. The point is not to replace the interested party's will in choosing a lawyer: it is to prevent any procedural activity from taking place without technical defense, meaning without a professional qualified to intervene in the proceedings. You can read the text of Article 97 of the code of criminal procedure.
The public defender does not represent the prosecution. Even though their name is identified through the system provided by the judicial authority, their role is to defend the suspect or the defendant: they receive notices, participate in acts for which defense is required, and can formulate requests and appeals within the limits of the assignment and the defensive choices to be made with the client.
How they are appointed and when they intervene
The appointment arises from the lack of a private defense counsel. The judge, the public prosecutor, or the judicial police, when they must perform an act that requires the assistance of a lawyer and the person lacks one, obtain the name of the defense counsel through the office that manages designations. The professional is chosen from those enrolled in the national roster of public defenders.
The appointment may therefore appear already during the investigation, for example when an act must be performed which the defense counsel has the right to attend. It may also emerge at a later stage, if the defendant appears without a private lawyer or if the previously appointed one is no longer able to exercise the defense. It is not necessary to wait for the trial: the protection of the defense operates starting from the stages in which an act requires technical assistance.
If the assigned defense counsel is unreachable, fails to appear, or abandons the defense in a situation where their presence is necessary, the code provides tools to designate an immediately reachable substitute. This eventuality serves not to block an urgent or necessary act, but it does not transform the substitute into a lawyer freely chosen on a permanent basis by the assisted party.
The assignment entails a professional duty. The public defender is required to provide legal representation and can be replaced only for a justified reason. For those receiving the appointment, the practical fact is simple: the name indicated in the document is not a formal presence. It is the point of contact to immediately communicate relevant facts, updated contact details, any notices received, and the existence of another lawyer already appointed.
Public defender vs. private counsel: what changes
Private counsel is chosen by you; the public defender is designated so you do not remain without defense. The distinction concerns the way the relationship originates, not the defensive function. Both are lawyers and perform activities in favor of the assisted person. The public appointment, therefore, does not mean that the defense counsel has lesser duties of confidentiality or can act in the interest of the judge, the public prosecutor, or the judicial police.
You can appoint a private defense counsel even after the public defender has been designated. In such a case, pursuant to Article 97 of the code of criminal procedure, the public defender ceases their functions. The subsequent choice remains possible, but it must be properly formalized. It is not enough to say verbally that you intend to turn to another lawyer: the proceeding authority and the defense counsel must be able to know about the new appointment, so that notices and documents are directed to the actually appointed professional.
It may also be important to distinguish a disagreement on the defense strategy from simple difficulty in contact. If you cannot speak with the appointed defense counsel, the first problem is making communication possible and providing a reliable contact address. If instead you want to entrust the defense to a lawyer of your choice, the ordinary path is the appointment of private counsel. Leaving notices and summonses unanswered does not equate to changing defense counsel and can make it more difficult to organize a timely defense.
The rule of Article 97 concerns the suspect or the defendant. Someone who has suffered a crime may have important protection needs, but must not confuse their position with that of the accused person. The victim of an offense does not automatically receive the public defender provided for the defendant. They can appoint private counsel and, if legal requirements are met, evaluate legal aid at the State's expense for their assistance in the proceedings.
Is the public defender free? The difference with legal aid at the State's expense
Public defense does not mean a free lawyer. The appointment serves to guarantee the right of defense to those who have not chosen a lawyer, not to automatically eliminate the fee owed for professional activity. Ordinarily, the costs of public defense remain borne by the assisted party. It is a frequent misconception to think that the expression "public defender" indicates a lawyer always paid by the State in any case.
Legal aid at the State's expense is instead a distinct benefit. When admission is granted, the State bears the cost of the defense within the terms provided by law. The benefit can concern both private counsel and the public defender, but requires an application and possession of the conditions provided by the single text on justice expenses. The public appointment does not replace the legal aid application.
As of the reference date of September 17, 2026, the ordinary threshold indicated for admission to legal aid at the State's expense is €13,659.64 of annual taxable income resulting from the last tax return; if the applicant lives with a spouse or other family members, the regulation generally also considers their incomes and increases the limit by €1,032.91 for each cohabiting family member. The amount was updated by the decree of the Ministry of Justice of April 22, 2025, adopted in application of Articles 76 and 77 of Presidential Decree no. 115 of 2002.
Income is not the only data to consider. The application must contain the required declarations and the competent authority verifies the admissibility of the request. The benefit may also be subject to subsequent checks on the declared income information. For this reason, before assuming that the defense is borne by the State, it is necessary to distinguish between the simple designation of the defense counsel and actual admission to legal aid.
What to do when you receive the appointment
Contact the indicated defense counsel without ignoring the document received. A summons, a report, a notice of conclusion of investigations, or a decree may contain dates, indications on the proceeding authority, and useful information to understand what stage the proceedings are in. Keep the complete document, including the pages reporting the proceeding number and the defense counsel's name.
In the first contact, it is useful to immediately communicate whether you have already appointed a private lawyer, whether you are subject to a measure restricting movement, whether you have a contact address different from the one resulting from the records, and whether you have received other documents concerning the same proceedings. An updated contact address prevents the defense from losing important information. It is not necessary to reconstruct every legal profile by yourself: rather, it is essential not to omit documents, notifications, and circumstances that affect the possibility of participating in the proceedings.
If you believe you can request legal aid at the State's expense, do not confuse the relative application with a generic request to have a lawyer. The application must be submitted to the office of the magistrate before whom the proceedings are pending, with procedures that also vary based on the stage. The institutional guidelines of the Public Prosecutor's Office at the Court of Turin on criminal legal aid illustrate the content of the application, income declarations, and main filing channels.
Errors to avoid and possible choices
The first mistake is believing that the public appointment can be ignored. The proceedings do not stop simply because you did not personally choose the defense counsel. The appointed lawyer receives the expected notices, but their activity becomes more difficult if they do not know where to reach you, if they do not receive documents already served, or if they discover only late the existence of elements relevant to the defense.
The second mistake is taking for granted that there are no costs. If you do not meet the requirements for legal aid at the State's expense, the public defender's fee remains normally owed. The financial choice and the choice of defense counsel are two different issues. You can appoint private counsel, verify whether conditions exist for legal aid, or proceed with the public defender, but each option must be understood for its concrete effects.
A third misunderstanding concerns the role of the victim of the offense. If you have reported a crime or received communications as a crime victim, you need to understand what procedural position you hold and what protection you intend to activate. If instead you are a suspect or a defendant, the priority is knowing who is defending you and which act must be addressed. The qualification indicated in the document changes the applicable rules.
Frequently asked questions
Can I choose my public defender?
You do not directly choose the appointed name. The designation takes place according to the system provided by Article 97 of the code of criminal procedure, when private counsel is missing. However, you can appoint a lawyer of your choice: from that moment the public defender ceases their functions in the proceedings, provided the new appointment is formalized.
Does the public defender work for the judge or the public prosecutor?
No, they carry out the defense of the suspect or defendant. The fact that their name is identified through an office connected to the judicial system serves to guarantee that no one remains without technical assistance. The professional does not represent the prosecution and must protect the defensive interests of the assisted person.
Do I have to pay the public defender?
As a rule, yes. Public defense does not coincide with legal aid, and the fee normally remains borne by the assisted party. If the conditions provided by Presidential Decree no. 115 of 2002 are met, you can apply for legal aid at the State's expense: only admission to the benefit allows the defense to be supported by the State within the terms of the law.
Can I change lawyers if I already have a public defender?
Yes, you can appoint private counsel. The appointment of the chosen lawyer terminates the assignment of the public defender. It is important that the appointment appears in the proceedings, because documents and notices must be sent to the professional actually entrusted with the defense.
Does the victim of a crime have the right to a public defender?
Appointment under Article 97 concerns suspects and defendants. A victim can appoint a lawyer and apply for State-funded legal aid. For certain offenses, including domestic abuse, stalking and sexual violence, Article 76(4-ter) of Presidential Decree no. 115/2002 grants the benefit on application even above the income limits, as clarified by the Constitutional Court, judgment no. 1/2021.