Can I get free legal aid in Tunisia?

Answer by the AvoConsulte editorial team

Yes. Tunisia has a legal aid system set up by Law No. 2002-52: if your means are not enough to pay for a court case, the State can cover your lawyer's fees and other costs. You apply to the legal aid office at the court of first instance.

What it covers

• The fees of a lawyer appointed to represent you.
• Bailiff costs, such as serving documents and enforcing a judgment.
• The cost of a court-appointed expert, legally required notices and other costs the court authorises, and exemption from registration and stamp duties.

Aid can be full or partial.

Who can get it

Individuals with no income or an income too limited to pay for the case, whether they are bringing it or defending it, including Tunisians living abroad. In civil cases, the claim must also appear well founded; aid can be granted at every stage, including appeal and enforcement. In criminal cases, it is available in specific situations, for example to a victim joining the case as a civil party or to a defendant facing at least three years' imprisonment who is not a repeat offender. Foreign nationals can qualify where a judicial agreement provides for it, on a reciprocal basis.

How to apply

• File a written request with the legal aid office at the court of first instance, ideally before the case starts or at its very beginning.
• Attach your ID, proof of your financial situation, such as a certificate of need from the omda (local official) or a salary certificate, and the documents of the case.
• Ask the court registry for the exact list of documents.

Aid can be withdrawn if it was obtained by hiding your income or if your means improve.

Other free help

Before the court that tries the most serious crimes, a lawyer is compulsory, and one is appointed for an accused person who has none. Some associations and university legal clinics also offer free guidance; check that an organisation is currently active before relying on it.

For your own situation, consult a lawyer or the court's legal aid office; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. الإعانة العدلية وزارة العدل – الجمهورية التونسية
2. دليل إجراءات المحكمة الإبتدائية وزارة العدل – الجمهورية التونسية
3. Code de procédure pénale (loi n° 68-23 du 24 juillet 1968, texte mis à jour) Police and Human Rights Resources (Amnesty International Pays-Bas)