LEGAL AID SYSTEM IN POLAND

HOW IS IT ORGANISED ?

There is no unified system of legal aid in Poland and no specific legal aid legislation to address its provision in a systemic and organized manner.  The decision to grant legal aid is always taken by a judge. The judge decides whether the request for legal aid should be granted and if so, which lawyer should be appointed. There is no separate or specialized group of lawyers acting in legal aid cases: the judge appoints a lawyer from a list provided by the local bar associations.

WHO IS ELIGIBLE FOR LEGAL AID ?

Exemption from court fees may be requested by an individual who submits a statement that he/she is unable to cover them without detriment to the support necessary for himself/herself and the family. The court may also grant exemption from court fees to a business entity if it has demonstrated that it does not have sufficient means to pay such costs. The costs of legal aid, incurred by the State Treasury, include regulated fees and essential, substantiated expenses.

A natural person may demand the exemption from court fees, after making a declaration, that it’s unable to bear them without detriment to necessary maintenance for itself and a family.
A statement, covering detailed data on family situation, assets, income, regular source of income of a person applying for the exemption from court fees, should be also made and attached to the application for exemption from court fees.

Dariusz Perzanowski

attorney at law

OIRP Zielona Góra Poland