Free Patronage is the institution that guarantees all thenon-wealthy|| |62, sia essi citizensorforeigners regularly residing on the national territory, the possibility of || |67essere rappresentati in giudizio by a lawyer, who will bepaid by the State, provided that the applicant's claims are not manifestly unfounded.

Furthermore, the annual income of those who intend to request this service must not exceed the annual income of 11,369.24 euros.| ||76

Il patrocinio a spese dello Stato è insured in criminal, civil, administrative, accounting and tax proceedings; in voluntary jurisdiction procedures, such as in consensual separations or joint divorces, etc.

Admission to free legal aid isvalid for every level of the process and forall connected and derivative procedures.

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The right to legal aid is based on the || |89Costituzione and recognition also at an international levelinternazionale:

• In art. 3 Constitution, which establishes the right of all citizens to equal social dignity and assigns to the State the specific task of removing economic and social obstacles that prevent the full development of the human person, || |102

• Nell’ art. 24 Cost. Which defines the right to defense as an inviolable right of the individual and states that "the poor are assured, with specific institutions, the means to act and defend themselves before any jurisdiction" (civil and criminal proceedings, civil and commercial mediation). | ||108

• Nonché a livello internazionale nell’art. 6, paragraph 3, letter. c)of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), and in theInternational Pact relating to the civil and political rights of New York of December 19, 1966,art. 14.3 paragraph, letter. d).

 

Who are the beneficiaries

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They can request admission to sponsorship at the expense of the State pursuant to the law that regulates it, the Presidential Decree. n. 115 of 2002 (Consolidated Law on legislative and regulatory provisions regarding court costs):

• Italian citizens

• Foreigners, legally residing in the national territory at the time the relationship arose or of the fact which is the subject of the trial to be instituted

• Stateless persons

• Bodies or associations which do not pursue profit-making purposes and do not carry out economic activity​

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Another requirement is that the applicant lives with his or her spouse (or partner) and/oraltri familiari, in determining the income limit as indicated above, the income earned in the same period by each member of the family unit, including the applicant, is also considered.

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