Solicitar Justicia Gratuita

• Spanish citizens, nationals of other European Union Member States, and foreigners present in Spain, when they prove they lack sufficient resources to litigate.
• The Managing Entities and Common Services of Social Security, in any case.
• Public utility associations, as provided for in Article 32 of Organic Law 1/2002, of March 22, regulating the Right of Association, and foundations registered in the corresponding Public Registry.
• In the social jurisdiction, workers and beneficiaries of the Social Security system also have the right to legal representation, both for defense in court and for exercising legal action to enforce labor rights in bankruptcy proceedings. Likewise, the right to free legal assistance is granted to workers and beneficiaries of Social Security for disputes on this matter brought before the administrative courts.
• In the contentious-administrative order, as well as in the prior administrative procedure, foreign citizens who prove insufficient resources to litigate will have the right to legal assistance and free defense and representation in procedures that may lead to the denial of their entry into Spain, their return or expulsion from Spanish territory, and in all asylum procedures.
• In cross-border litigation in civil and commercial matters, the natural persons contemplated in Chapter VIII of this law, in the terms established therein.
• In the area of ​​bankruptcy, the right to free legal assistance is granted for all special procedure proceedings for debtors who are individuals or legal entities considered micro-enterprises under the terms established in the consolidated text of the Bankruptcy Law, to whom the special procedure provided for in its third book applies, provided they prove insufficient resources to litigate.
  Likewise, in the area of ​​bankruptcy, unions will be exempt from making deposits and consignments in all their actions and will enjoy the legal benefit of free legal aid when exercising a collective interest in defense of workers and Social Security beneficiaries.
• Regardless of the availability of resources for litigation, the right to free legal assistance is recognized, which will be provided immediately, to victims of gender-based violence, terrorism, and human trafficking in those proceedings that are linked to, arise from, or are a consequence of their status as victims, as well as to persons with disabilities in need of special protection when they are victims of homicide, injuries under Articles 149 and 150, the crime of habitual abuse provided for in Article 173.2, crimes against liberty, crimes against sexual liberty, and crimes of human trafficking. This right is also recognized, regardless of the availability of resources for litigation, for women and minors who are victims of crimes against sexual liberty provided for in Title VIII of Book II of the Penal Code, the crimes of female genital mutilation, forced marriage, and harassment with sexual connotations.
  This right will also apply to the beneficiaries in the event of the death of the victim, provided they were not involved in the events.
• Regardless of the availability of resources for litigation, the right to free legal assistance is recognized for those who, as a result of an accident, have permanent after-effects that completely prevent them from performing the tasks of their usual occupation or profession and require the assistance of others to carry out the most essential activities of daily living, when the subject of the litigation is a claim for compensation for personal and moral damages suffered.
• Regardless of the availability of resources for litigation, the right to free legal assistance is recognized for associations whose purpose is to promote and defend the rights of victims of terrorism, as outlined in Law 29/2011, of September 22, on the recognition and comprehensive protection of victims of terrorism.
• Persons who report infractions under the terms of the Law regulating the protection of persons who report regulatory infractions and the fight against corruption, to the Independent Authority for the Protection of Informants, AAI, or to the respective autonomous authorities, provided that they comply the conditions of protection included in the aforementioned Law, provided that they have gross economic resources and income, computed annually for all concepts and per family unit, less than four times the public multiple-effect income indicator in force at the time of communicating the information, and exclusively for the procedures followed in any jurisdictional order that are a direct consequence of the reported infringement.
• In criminal matters, legal entities, when a court order requires the appointment of legal counsel and, where appropriate, legal representation, provided that the company has been judicially declared to be in a situation of current or imminent insolvency, is in bankruptcy proceedings or has no record of economic activity in the last fiscal year when, in the latter case, the company is dissolved or in the process of being dissolved for the reasons and by the procedure legally provided for it.

Whether the applicant wants to file a lawsuit or complaint, or has been sued or denounced, he or she must attend to the Legal Guidance Service (SOJ) of the Bar Association corresponding, where you will request an appointment to meet with the consultant who will be the lawyer who will guide you initially, completing the application and indicating the documentation that you must provide to the processor, who is the lawyer who reviews the documentation provided by the applicant and the which provisionally resolves whether or not to grant Legal Aid.

In the criminal jurisdictional order, if the assistance takes place in a detention center or directly in the court, it will be the lawyer who has assisted the citizen who will fill out the request for legal aid, which must be signed by the applicant. The lawyer must indicate to the applicant the necessary documentation that he or she must provide to the College of Lawyers .

If the applicant has been sued, after having appeared at the SOJ and having requested legal aid, he must appear in the corresponding court to request the suspension of the procedure until the recognition or denial of the right to legal aid, or the provisional designation, is resolved. as a legal and procurement professional if his intervention were mandatory.

In the social jurisdictional order, workers and beneficiaries of the Social Security system, as they do not have to prove their economic situation, will only go to the SOJ to complete the application, without the need to provide any documentation.

Women who have suffered mistreatment and wish to exercise the private accusation by having the right to legal aid recognized, regardless of their economic situation, should only go to the SOJ to complete the request and submit the corresponding complaint or complaint.

Free legal assistance may also be requested before the Court of the applicant's domicile. In that case, the court will transfer the petition to the SOJ of the College of Lawyers that is territorially competent.

Yes. Provided that they prove insufficient resources to litigate, and this even if they do not legally reside in national territory for the procedures that may lead to the denial of their entry into Spain, their return or their expulsion from Spanish territory.

When the applicant wishes to take legal action or when he has been sued.

As a general rule, once the claim has already been filed or answered, the right to free legal assistance may not be recognized unless the circumstances and conditions necessary for its granting had occurred after the claim or answer.

When the applicant seeks recognition of the right to free legal aid in the second instance (appeal) without having requested it in the first instance, he must prove that the circumstances and conditions necessary for its granting occurred during the first instance process or after she. However, and in accordance with the jurisprudence of the TC (sentences 90/2015, of May 11, and 43/2022, March 21), the recognition of the benefit of legal aid for the second instance may be requested, even if it had not been requested. initially, if the petitioner meets the general requirements to obtain it.

The same rule will be applicable when free legal assistance is requested to file or follow the cassation appeal regarding the second instance.

The applicant for legal aid can request all or any of the following benefits, which are those established in article 6 of Law 1/1996 of January 10 on free legal assistance:

• Fees
• Advice and prior guidance
• Assistance to the detainee, prisoner or accused
• Defense and representation of lawyer and attorney
• Payment of deposits and fees for filing appeals
• 80% reduction in fees for public deeds and obtaining copies and testimonies
• Reduction of 80% of tariff duties corresponding to obtaining notes, certifications, annotations and entries and registrations in the Property and Commercial Registry
• Expert assistance in the process
• Free insertion of advertisements or edicts
• Free obtaining of copies, testimonies, instruments and notarial records, in the terms provided in article 130 of the Notarial Regulations
• Legal assistance in dispute resolution procedures in order to comply with the procedural requirement set forth in Article 5 of Organic Law 2/2025, when the intervention of this professional is legally required in the eventual judicial process or when, if not, the opposing party acts with him.

Yes, with the exception of the tariff duties that correspond to the granting of public deeds and to obtaining copies and notarial testimonies, in which case 20% of the total amount must be paid, as well as the tariff duties that correspond to obtaining notes, certifications, annotations, entries and registrations in the Property and Commercial Registries.

These customs duties should not be paid by the applicant when he or she proves income below the iprem.

The holder of the right to free legal assistance will only be obliged to pay the attorney and attorney fees, if their intervention is mandatory, as well as the expert opinions carried out by private technicians if within the three years following the termination of the process they come to a better fortune .

If the holder of the right to free legal assistance is the winner of the lawsuit obtaining financial benefits and the judgment does not contain an express pronouncement on costs, he must pay the costs incurred in his defense, without ever exceeding a third of the benefit obtained. If the costs exceed that third part, these will be reduced to that percentage.

The Bar Association will inform you of this. More Information.

Regardless of the existence of resources to litigate, either because the husband earns a lot of money or the woman who suffers abuse earns more than what is legally established for the granting of legal aid, the right to the same is recognized for victims of violence of gender in all processes that are linked to, derive from or are a consequence of their condition as victims.

The condition of victim will be acquired when a complaint or complaint is formulated or a criminal procedure is initiated, remaining as long as the criminal procedure remains in force or when after its completion, a conviction has been issued.

The abused woman will lose the right to free legal assistance if the criminal case is filed or an acquittal is issued, and from that moment unless she meets the financial requirements, that is, without taking into account the economic situation of the husband, since there are interests opposed between them.

Only legal entities that are associations declared of public utility, provided for in article 32 of Organic Law 1/2002 of March 22 that regulates associations, or associations whose purpose is the promotion and defense of the rights of victims of terrorism, indicated in Law 29/2011.

The Legal Guidance Services (SOJ) dependent on the Bar Associations are responsible for providing prior guidance to applicants for free legal assistance, as well as providing information on compliance with the necessary requirements for the recognition of said right.

The lawyers assigned to the SOJ are also in charge of completing the application forms, of indicating to the applicants the necessary documentation to provide along with the application form and those who, in view of the application and documentation, provisionally resolve the granting or not free legal aid.

Not all the documents listed below are necessary in all cases, but each case will have to be addressed, depending on the applicant's place of residence and the circumstances that he / she has alleged in his / her application, which will be those that must be proven. documentary. In any case, an indicative list of what documentation may need to be provided is provided below:

Photocopy of the applicant's DNI, passport or residence card.

Income tax settlement certificate or certificate of not having presented the documentation (of the entire family unit, in the case of not being obliged

Cadastral certificate of real estate

Simple Note of Property registration if charges are alleged on the property

Social Security registration and cancellation certificates

Company certificate proving gross annual income

Certificate of settlement of Corporation Tax (in the case of legal persons).

Photocopy of the declaration of public utility or of the registration in the Registry of Foundations (in the case of legal persons).

Certificate of external signs from the City Council where the address is located.

Census register certificates.

INEM certificate of period of unemployment and receipt of subsidies.

Certificate of collection of public pensions

Certificate from the State Public Employment Service (SEPEE) stating the receipt of unemployment aid and the period to which it extends

Others (any document that serves to prove the alleged data).

However, in order to expedite the application process, the Bar Associations may, if expressly authorized, request several of these certificates on behalf of individuals. The Free Electronic Justice File allows the citizen to expedite procedures and avoid travel.

The requests authorized by the citizen and processed through the Legal Aid Electronic File provide transparency in management, minimize errors in the administrative file, reduce the economic cost and processing times by up to 40 days.

The system developed by the Technological Infrastructure of the Abogacía Española, RedAbogacía, now connects 70 Bar Associations in a simple and telematic way with organizations such as the Tax Agency, the National Social Security Institute and its General Treasury, the General Directorate of the Cadastre, or the National Employment Institute, among others. With this electronic system, the citizen will avoid traveling and waiting at the windows of each of the competent Administration bodies.

The lawyer assigned to the Professional Shift must have been in the effective practice of the profession for at least three years, and have passed the courses or tests for access to services, established by the Governing Boards of the Bar Associations.

Likewise, the lawyer must have passed the approved specialization courses, in those cases in which these are necessary in accordance with the regulations applicable at all times and in order to the specialty of the matters.

Furthermore, to provide free legal assistance to victims of crimes of terrorism and human trafficking, or to victims of any crime when they are minors or people with disabilities in need of special protection, legal professionals may not have criminal records. penalties for crimes committed, respectively, on each of the classes of victims listed above, unless the records have been cancelled.

No. Just as the lawyer cannot excuse himself from assuming the designated defense.

There is only one case in which the lawyer can excuse himself from exercising the defense that has been assigned to him, and it is in the criminal order and only when there is a personal and fair reason, a reason that must be appreciated by the Deans of the Colleges. of the Legal Profession.

You must go to the Legal Aid Assistance Commission of your city, an organization dependent on the state or regional Administration, so that it requires the Bar Association to provisionally appoint you a public defender.

If you have any problem with the lawyer appointed ex officio, you must go to the Bar Association where said appointment was made, and present, if you deem it appropriate, a complaint explaining what happened, given that they are the Bar Associations. They are also competent to exercise disciplinary power.

The request to change a lawyer due to loss of trust must be made by the beneficiary of legal aid before the professional association that made the designation. The College will forward the request to the lawyer whose replacement it is interested in, within a period of five days, and will then issue a reasoned decision within a period of fifteen days.

Said resolution must be notified to the interested parties and to the Legal Aid Assistance Commission, who may, where appropriate, deny the request for a change of lawyer.

The resolution that denies the change of lawyer may be subject to challenge by the beneficiary of legal aid.

The lawyer may claim his or her minutes when the beneficiary of legal aid has won the trial, obtaining an economic benefit and no express ruling on costs has been made in the ruling.

The legal professional may also claim his or her minutes when the Legal Aid Commission rejects the applicant's claim and there has been a provisional designation of a lawyer, said provisional designation then being without effect, and the lawyer may claim the fees caused by the intervention carried out until the final rejection of the resolution.

Yes. If when the applicant goes to the SOJ to deliver the documentation requested by his/her consultant and the SOJ processor finds that any document is missing, he/she will indicate to the applicant the exact document that is missing, granting him/her a deadline. maximum of ten days to contribute it. If the applicant does not provide the required documentation, the file will be archived, and therefore the request for free legal assistance will be void.

No. Free legal assistance will have effect until the end of the process in the judicial instance in question (first instance and appeal), and where appropriate also in the execution of the sentences, if this occurs within the following two years to the judicial resolution issued in the instance.

Yes. The Legal Aid Commission may exceptionally grant, by means of a reasoned resolution, the recognition of the right to free legal assistance to those persons whose resources and income, even exceeding the legally established limits, do not exceed five times the public income indicator for purposes multiple (Iprem), and in any case when the applicant holds the status of ascendant of a large family of special category, taking into account the lack of sufficient assets.

Likewise, the Legal Aid Commission may exceptionally and through a reasoned resolution grant recognition of the right to free legal assistance taking into account the health circumstances of the applicant and the people with disabilities indicated in the article. 1.2 Law 51/2003 of December 2, (those people who suffer from long-term physical, mental, intellectual or sensory deficiencies and who have a recognized degree of disability equal to or greater than 33%, equating that percentage to people who have a recognized pension for permanent disability in the degree of total, absolute or great disability and pensioners from passive classes who have a recognized retirement or retirement pension due to permanent disability for service or uselessness) as well as the people who have them in their care when act in a process in their name and interest and whenever they involve procedures that are related to health and their disability.