Dear Ms. Z., anyone who cannot pay the costs of legal proceedings without impairing his or her necessary maintenance for himself and his family will be notified by the competent court upon request Legal aid approved.
As part of legal aid, the Exemption from court fees and fees for witnesses, interpreters and experts be granted. If representation by a lawyer is required by law in a proceeding or the case is the Involvement of a lawyer appears necessary, the court also grants the legal aid within the framework of the legal aid Order a free lawyer.
But you have to make sure that the legal aid is always available only of the Cost of your own lawyer freed. In the context of legal aid, however, are the Costs of the opposing party not included. However, this only plays in Civil proceedings a role in which the litigation party who loses the process is obliged to reimburse the opponent for the costs. These costs of the opponent are to be paid even if one has received legal aid.
Im Criminal proceedings there is no reimbursement of costs, so legal aid would cover all possible costs in this case. Also in criminal proceedings is an accused or accused to include a lawyer, if he is unable to do without impairing livelihood for himself and his family to pay the cost and the addition is required. The appointment of a lawyer is required whenever the representation by a Lawyer required by law is, for example, if pre-trial detention has already been imposed or with a difficult legal matter.
The Application for legal aid your son must go to the court that is now conducting the criminal proceedings against him. A form for applying for legal aid can be found on the Internet at https://portal.justiz.gv.at/at.gv.justiz.formulare/Justiz/Verfahrenshilfe.aspx
In this application, your son has to prove that he is unable to pay a lawyer with his own financial means. All of these are listed in the application Documentsthat make up the Income and wealth situation is recognizable. Within three years the court will check whether your son is still unable to bear the costs himself, or whether he has in the meantime got back on one adequate income disposes. If your son is now able to pay the amounts without affecting the necessary maintenance, he will obliged by the court to pay back.
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