Legal aid in Tunisia: a lawyer and court costs paid by the State

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Topic: Practical guide

What legal aid is, who can apply, where to file the request and which documents to prepare: a practical guide for people who cannot afford the costs of a case.

Not having enough money should not stop anyone from defending their rights in court. That is the purpose of legal aid (i'ana adliya): people who cannot afford the costs of a case can have them covered by the State. What is legal aid? Legal aid means the State pays, in full or in part, the costs of a court case. It usually covers: the fees of the lawyer appointed to represent you, in particular in cases where the law requires a lawyer; bailiff costs for serving documents and enforcement; the cost of a court-appointed expert, of notices that must by law be published in the Official Journal, and other costs the court authorises; full or partial exemption from registration and stamp duties. So you do not pay these fees and costs yourself, within the limits of what is granted. Who can apply? Legal aid is for individuals, Tunisians whether or not they live in Tunisia, who have no income or a fixed income too limited to pay the costs of a case or of enforcement, whether they are bringing the case or defending it. The office reviewing the request looks at: the applicant's financial and social situation; whether the case is serious: in civil matters the claim must appear well founded, and aid is not granted for a case that clearly has no chance. A foreign national can qualify when the Tunisian courts have jurisdiction and a judicial agreement provides for it, on a reciprocal basis. Non-profit organisations with their head office in Tunisia can also qualify. Civil and criminal cases In civil matters, legal aid can be granted at every stage of a case, and also to enforce a judgment or to appeal. It covers in particular employment, maintenance and social security cases, and it is granted automatically in claims for compensation for work accidents and occupational diseases. In criminal matters, it is available to a victim joining the case as a civil party, to a person applying for a review of a conviction, to a defendant charged with an offence punishable by at least three years' imprisonment who is not a repeat offender in the legal sense, and in serious criminal cases (crimes) before the Court of Cassation. Separately, a lawyer is compulsory before the court that tries crimes: if the accused does not choose one, the presiding judge appoints one, which complements legal aid. Where and how to apply You file the request with the legal aid office at the court of first instance, which reviews the file and accepts or rejects it. The office is chaired by the public prosecutor or a deputy, includes a representative of the Ministry of Finance and a lawyer, and normally meets once a month. In very urgent cases its chair can grant aid provisionally, and aid is granted immediately in maintenance and employment cases. It is best to apply as early as possible, before bringing the case or at its very start. The file usually includes: a request on plain paper giving your full identity, your family situation and what the dispute is about; a copy of your national identity card or, for foreign nationals, your passport and residence card; proof that you have no or limited income, such as a certificate of need issued by the omda (local official) where you live and, if you are employed, a salary certificate from your employer; the documents of the case: contracts, judgments, summonses or letters. The court registry can give you the exact list of documents, so do ask there. Once your request is accepted If your request is accepted, a lawyer is appointed to represent you. Contact them quickly, give them all your documents and tell them about every summons or notice you receive. Your relationship is the same as with any lawyer: they are bound by professional secrecy and must defend your interests. The office can, however, withdraw the aid if you obtain enough income to pay for the case, or if you obtained it by deliberately hiding your income, and it can turn full aid into partial aid. A refusal must give reasons, and you can apply again if new evidence shows your request is well founded. When to see a lawyer If your case is urgent or a deadline to appeal is close, do not wait: ask the court registry about legal aid, and if needed see a lawyer who can explain your chances and how to present the request. The site's directory lists lawyers registered with the ONAT, by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026