For certain offences, admission to State-funded legal representation is granted regardless of any income limit. This exception is set out in Article 76, paragraph 4-ter of Presidential Decree 115/2002 (Consolidated Act on Legal Costs) and covers a number of particularly serious and socially alarming offences, including domestic abuse, sexual offences and stalking (Article 612-bis of the Criminal Code). In these cases, the victim of the offence may be admitted to legal aid irrespective of their financial situation, even where they have high incomes or substantial assets.
The rationale: enhanced protection for victims
The rationale behind the rule is clear: the legislator sought to ensure enhanced protection for victims of offences that often affect vulnerable subjects, such as women and minors, removing any financial barrier that might hinder the decision to take legal action.
The Court of Cassation has repeatedly confirmed this principle, clarifying that, where one of the offences listed in the provision is involved, the judge must admit the victim of the offence to legal aid automatically, without requiring the production of income documentation or self-certifications. Access to legal protection is therefore streamlined and immediate.
How to activate the benefit
From a practical standpoint, in order to obtain the benefit it is still necessary to file a formal application. The request must be lodged within the ongoing criminal proceedings, addressing it to the competent judge. Once admitted to legal aid, the victim of the offence will be able to:
- appoint a defence counsel (including a court-appointed one, if no counsel of choice is named);
- join the criminal proceedings as a civil party;
- claim compensation for the damage suffered.
It is important to underline that legal aid covers legal costs, allowing the victim to face the proceedings without bearing expenses — an element that is often decisive in cases of violence or prolonged persecution.
Conclusions
Ultimately, in offences such as stalking, the system provides for a mechanism of enhanced protection: what matters is not income, but the need to guarantee an effective and immediate defence. Those finding themselves in such situations can therefore take action without fear of financial obstacles, using an instrument that the legislator designed precisely to facilitate access to justice and promote the protection of victims.