You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings.

The right to a lawyer

You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the proceedings with the state institution. 

Your lawyer can be present at any time that your presence is required at the proceedings.

State-paid lawyer

The state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer if:

  • you cannot afford one, and
  • if a fair hearing cannot be ensured without legal aid. 

In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.

example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.

How to complain

If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights in other national or international human rights institutions.


Last updated 11/11/2018