State-funded legal aid (patrocinio a spese dello Stato, improperly referred to as “free legal aid” or gratuito patrocinio) is the institution that allows persons of limited means to be assisted by a lawyer and to bear the costs of proceedings at no charge to themselves, the costs being advanced or borne by the State. It implements Article 24, paragraph 3, of the Constitution, under which “the means to act and defend oneself before any court are guaranteed to the indigent through appropriate institutions,” and Article 3, paragraph 2, which commits the Republic to removing the economic obstacles that in practice limit the equality of citizens.

The current rules are contained in Presidential Decree no. 115 of 30 May 2002 (Consolidated Act on Legal Costs), Part III, Articles 74 et seq.

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How it came about

Historical origins: Royal Decree no. 3282/1923 already provided for “free legal aid” for the poor, but it was conceived as an honorary burden on the lawyer, who provided his services without payment.

Constitutional turning point: The 1948 Constitution elevated the defence of persons of limited means into a right to be concretely guaranteed. The Constitutional Court (in particular in judgment no. 134/1982) subsequently called for an effective system.

Law no. 217/1990: It introduced “State-funded legal aid” for persons of limited means and transformed the institution: the lawyer no longer works for free but is paid by the State.

Presidential Decree no. 115/2002: It reorganised the subject in the Consolidated Act, which is today the main reference, with numerous subsequent amendments (including on income thresholds and on exclusions for certain offences).

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Scope of application

The institution operates in several areas:

• Criminal proceedings (defendant, injured party, civil party, civilly liable party, person civilly liable for the fine), Articles 74 et seq. of the Consolidated Act;

• Civil, administrative, accounting and tax proceedings, Articles 119 et seq. of the Consolidated Act, provided that the claims of the person of limited means are not manifestly unfounded;

• Non-contentious proceedings (volontaria giurisdizione) and proceedings before other jurisdictions, within the limits provided by law.

There are exclusions. For example, in criminal matters legal aid is not available to anyone already assisted by more than one counsel of their own choosing, and there are limitations or increased requirements for certain categories of offences (such as organised crime or tax offences, which have specific rules). In civil matters, the application cannot concern claims that appear manifestly unfounded, and legal aid is not available for the assignment of credits or of rights belonging to others.

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How to apply for legal aid with Studio Legale Lanzi

Attorney Gabriele Lanzi is registered on the lists for State-funded legal aid in civil and criminal matters. At the first introductory meeting, a client who meets the requirements set by law can therefore be assessed for this possibility.

In civil, employment, administrative and tax matters, the benefit may be requested:

• by Italian or EU citizens, by foreign nationals lawfully residing in Italy, or by stateless persons, and by entities or associations that do not pursue profit-making purposes and do not carry out an economic activity;

• by foreign nationals, even if irregularly present, involved in judicial proceedings concerning their expulsion from the national territory or a request for political asylum or refugee status;

who have a gross annual household (or entity) income not exceeding €13,659.64 (as updated by the Ministry of Justice decree of 22 April 2025);

and who have claims to assert in the proceedings that are not manifestly unfounded.

In criminal matters, the benefit may be requested:

• by the suspect and the defendant for every phase of the proceedings, and by the injured party for the trial phase only;

• by Italian citizens, stateless persons or foreign nationals, even if irregularly present;

who have a gross annual household income not exceeding €13,659.64, increased by €1,032.91 for each cohabiting family member.

Only the applicant’s personal income is taken into account when the subject of the case is rights of the personality, or in proceedings where the applicant’s interests conflict with those of the other cohabiting household members.

The household income must be self-certified by the applicant, and supporting documents may be useful. The self-certification is then subject to verification by the Revenue Agency, and false statements or omissions are subject to criminal penalties. Foreign nationals must also attach to the application a certification from their consular authority concerning their income in their country of origin, or a self-certification if the Consulate does not respond.

The application is submitted, for civil, administrative and tax cases, to the Bar Association Council with territorial jurisdiction according to the court competent for the case; for criminal proceedings, directly to the judge conducting the proceedings.

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How household income is calculated

Household income is calculated by adding up the gross incomes of all members of the applicant’s family unit (stato di famiglia). The ISEE certificate has no relevance; instead, all actual incomes of family members must be counted, net of social security contributions and gross of tax withholdings. All income of any kind must be included, even if exempt from taxation, such as income from employment or self-employment, pensions, rental of property or lease of a business, citizenship or inclusion income, social allowances, spousal maintenance payments, and so on. Subsidies of any kind and child maintenance payments for minor children are excluded from the calculation.

As to timing, the incomes to be considered are those of the last tax return filed, or for which the filing deadline has already expired. This means that, normally, for an application for State-funded legal aid submitted by someone who is not required to file a tax return, the income of two years earlier is considered if the application is filed between January and September, or the income of the previous tax year if it is filed between October and December. Each case must nevertheless be verified in detail, since the different income-earning members of the household may or may not be required to file a tax return.

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Conciliation procedure in civil matters

The mediator’s fee, administrative costs and lawyers’ fees in mediation and conciliation procedures are borne by the respective parties. However, Legislative Decree no. 28/2010, as amended by the Cartabia Reform, provides that when mediation is a condition for the admissibility of the claim under Article 5, paragraph 1-bis, or is ordered by the judge under Article 5, paragraph 2, no fee is due to the conciliation body from a party who meets the conditions for admission to State-funded legal aid. Under certain conditions, the lawyer’s fee is also covered by State-funded legal aid.

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Court-appointed defence in criminal proceedings

Article 24 of the Italian Constitution provides that the right of defence is inviolable at every stage and level of the proceedings. For this reason, technical defence in criminal proceedings is mandatory. A defendant who has no counsel of their own choosing is assigned a court-appointed defence lawyer (difensore d’ufficio). This figure is, however, often confused with the idea of a lawyer paid by the State. In truth, State-funded legal aid and court-appointed defence are two quite distinct institutions, even though they often overlap.

As explained above, any client of a lawyer, whether chosen by the client or court-appointed, may apply for admission to State-funded legal aid if they meet the requirements set by law. Conversely, a court-appointed defence lawyer must also be paid by their client if there is no possibility of admission to State-funded legal aid. The fee of the court-appointed lawyer may therefore also be agreed by contract; failing that, the ministerial professional fee schedules will apply.

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