Alessandra Beltramo law firm applies the forensic parameters approved with the D.M. 55/2014, adapting them, from time to time, to the difficulty of the practice and the concrete situation of the client.
The text of the decree can be consulted by clicking here qui
FREE LEGAL AID
- Beltramo Law Firm is authorized to assist the parties who have the right to access the benefits of legal aid, pursuant to the D.P.R. May 30, 2002 n.115.
- In order to be able to access the benefit of legal aid, the necessary and preliminary condition is the annual income capacity of less than € 11,528.41. This income capacity is updated every year. For the purposes of calculating the income base, all forms and sources of livelihood of the applicant are taken into consideration, as well as the income of the family members living with the person who intends to be admitted to the Free Legal Aid, unless it is a dispute against one of them.
- For criminal matters only, the aforementioned income limit is raised of Euro 1.032, 91 for each family member living together.
- In criminal proceedings, moreover, thanks to the Law No. 119/2013 the victim of some specific crimes, such as mistreatment, sexual violence and stalking, is admitted in any case to the Free Legal Aid, without having to detect in any way his income.
- The provision of admission to the Free Legal Aid allows the citizen to act and be defended in every degree and phase of the process.
WHO CAN BE ADMITTED TO THE FREE LEGAL AID?
To be eligible for legal aid, the applicant must have an annual taxable income, resulting from the last declaration, not exceeding 11,528.41 euros.
If the interested party lives with his spouse or other family members, the income is made up of the sum of the income earned in the same period by each member of the family, including the instant.
Exception: only personal income is taken into account when personality rights are the subject of the case, or in processes in which the interests of the applicant are in conflict with those of the other family members living with him.
The following can apply for admission to legal aid:
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Italian citizens;
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Foreigners, regularly residing on the national territory at the time of the arising of the relationship or of the fact subject to the process to be established;
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Stateless persons;
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No profit entites or association that do not exercise economic activity;
In civil matters:
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To obtain legal aid, a special application must be submitted to the Bar Association of the place where the civil dispute must be started or where the civil dispute that has already started is set;
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The application must be accompanied by the last CUD or UNIQUE relating to the income received in the year preceding the presentation of the application. The ISEE model is not enough;
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If the applicant lives with other family members, the documentation relating to them must also be attached and the income will be calculated by adding up those of all the family members, excluding those against whom the dispute is established.
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n judgments of separation and divorce, the income of the spouse against whom one acts in court is not counted and accumulated;
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Separation and divorce allowances for the maintenance of children are not counted, while the same allowances for the spouse are not counted.
In criminal matters:
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Once you become aware of a criminal proceeding against or in which you are an offended person, the application, together with the self-certification relating to your own and family members’ income and the necessary documentation, must be filed by the defender in the appropriate legal aid office;
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The femicide law introduced in 2013 extends the admission to legal aid (previously envisaged only for crimes of sexual violence, pedophilia, child pornography and trafficking in human beings) to victims of the crime of family abuse (art. 572 of the criminal code ), of persecutory or stalking acts (art. 612 bis of the Criminal Code) and of mutilation of female genital organs (art. 583 of the Criminal Code), in derogation of the income limits, in compliance with the Council of Europe Convention (Istanbul 11 / 5/2011)
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The firm provides assistance in preparing the application to be presented to the Council of the Turin or Ivrea Bar Association.
Lo studio presta assistenza per la preparazione della domanda da presentare al Consiglio dell’Ordine degli Avvocati di Torino o di Ivrea.
