You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings. There is no automatic right to a state-paid lawyer in this process.
The right to a lawyer
You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer
The state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer if:
- you cannot afford one, and
- if a fair hearing cannot be ensured without legal aid.
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.
Slovenian law
Slovenian law provides for a possibility of a free legal aid only for proceedings that take place before a court. As a result, in the proceedings with the state institution, you will either have to represent and defend yourself, or pay for a lawyer. However, as the State is obliged to protect human rights, it may be held responsible where you did not receive a fair and equal trial because you couldn’t afford a lawyer and your right to a fair trial was violated.
How to apply
If you cannot afford a lawyer, you should apply for legal aid at the district court.. If the court refuses, you can appeal against this decision to the Administrative court. This will also allow you to complain about a potential violation of your rights in other national or international human rights institutions.