Legal aid at the State’s expense is a crucial benefit, as it allows even those without sufficient financial means to receive adequate legal representation. Recently, the income threshold for accessing it has been raised; let’s see the requirements for obtaining the benefit following this recent change.
1. What is legal aid at the State’s expense?
Legal aid at the State’s expense is a benefit that allows those without sufficient economic resources to receive adequate legal protection in court. Admission to the benefit enables a person to start legal proceedings or defend themselves without paying the related taxes or the fees of their lawyer.
2. Who can access legal aid at the State’s expense?
Applicants whose household income is below the threshold established by law can access legal aid at the State’s expense. For “household,” in this context, we mean all family members who in fact live in the same property, even if they are not officially residents and do not appear on the family status certificate.
In criminal proceedings, both Italian and foreign citizens can be admitted to legal aid at the State’s expense. In civil and administrative proceedings, in principle, only foreign nationals with regular residence permits may be admitted. However, the Court of Cassation has long recognized that even foreigners residing abroad can be admitted to legal aid at the State’s expense, provided that the proceedings concern the right to enter and reside in Italy.
3. What is the income limit to access legal aid at the State’s expense?
By decree of the Minister of Justice dated April 22, 2025, published in the Official Gazette No. 159 on July 11, 2025, the annual taxable income limit for admission to legal aid at the State’s expense has been increased to €13,659.64.
The reference income is the taxable income for personal income tax purposes, according to the most recent available tax return. All amounts received during the year must be added to the identified income, even if they are tax-exempt. Any amounts earned from undeclared work must also be included through self-declaration.
If the applicant lives with other family members, as described above, the income is the sum of all household members’ incomes. Only the applicant’s personal income is considered when the case concerns interests in conflict with those of other household members or when it relates to rights of the applicant’s personality.
4. How to apply for admission to legal aid at the State’s expense?
Admission to legal aid at the State’s expense must be requested by submitting a specific application, accompanied by a substitute declaration of certification attesting to compliance with the income conditions required for admission. The following must also be attached: income documentation proving the earnings received, a list of cohabiting family members, an identity document of the applicant, and, in the case of foreign nationals, certification from the competent consular authority attesting to income earned abroad during the reference period.
5. Why choose Integra for your legal aid application?
Lawyer Riccardo Camilloni from the Integra Law Firm is listed among the lawyers authorized to handle cases under legal aid at the State’s expense.
Integra – Immigration, Work, and Rights offers a wide range of services and has offices in Bologna, Via Cesare Battisti 33, and in Pesaro, Viale della Vittoria 161.
