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What it is

Who gets a free lawyer in Spain and how to apply

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 30 June 1995. Introduced by: Gobierno.

Official title: Government bill on free legal aid.

Follow this law

Source: Congreso de los Diputados, file 121/000108· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law regulates free legal aid: if you do not have enough money to go to court, the State pays for your lawyer, court representative and other costs of the case. It applies to all types of proceedings, including constitutional amparo appeals.
  2. Spanish citizens, citizens of other European Union member states and foreigners legally living in Spain can apply if their income does not exceed twice the minimum wage per family unit. In criminal cases and asylum proceedings, even foreigners without legal residence qualify.
  3. The right covers several services: advice before trial, defense in the case, exemption from appeal deposits, free expert witnesses and an 80 percent reduction in notary and registry fees. If your income is below the minimum wage, those fees are not charged at all.
  4. Even if you exceed the income limit, the Commission can grant the right exceptionally, up to four times the minimum wage, if you have family burdens, health problems or similar circumstances.
  5. Judges no longer decide the application; administrative bodies do. You apply at the Bar Association, which makes a provisional lawyer appointment, and the Free Legal Aid Commission must decide within thirty days. The decision can be challenged before a judge.
  6. If you lie or hide information to get the right, it is revoked and you must pay all fees and services received. If you are ordered to pay court costs and your finances later improve, you will have to pay them too.

Who it affects

  • Low-income people who need to go to court: They can get a lawyer, court representative and other court services for free or at a very low cost.
  • Foreigners without legal residence: They are entitled to a free lawyer in criminal and asylum proceedings.
  • Workers and Social Security beneficiaries: They are entitled to free defense in labor court cases.
  • Court-appointed lawyers and court representatives: They are paid by the State through a subsidy and follow their own rules and sanctions.

Words worth knowing

Salario mínimo interprofesional
The minimum wage that Spanish law allows an employer to pay for a full-time job.
Procurador
A professional who formally represents a party at court, alongside the lawyer.
Turno de oficio
The roster of lawyers and court representatives appointed by rotation for people who cannot pay for them.
Costas
Court costs, such as fees and charges, that the judge can order one party to pay.
Derechos arancelarios
Fixed fees charged by notaries and official registries for their documents.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced30 June 1995Someone registers the text in the Congreso.
  2. Admitted11 July 1995The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Jun 199511. 30 June 1995: Presentación22. 11 July 1995: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

It was presented again:

Published in the BOE: Law 1/1996, of January 10, on free legal aid.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error