Court-appointed lawyer in Romania: when required
A court-appointed lawyer is designated by the local bar to assist persons without means, especially in criminal proceedings.
Definition
Court-appointed lawyer
Under Law 51/1995 on the legal profession and articles 90-91 of the Romanian Code of Criminal Procedure, a court-appointed lawyer is designated by the local bar to assist a person who has not chosen counsel or cannot afford one. Mandatory cases include criminal proceedings where the defendant is a minor, under arrest, detained, hospitalised or placed under interdiction, where the offence carries 5+ years in prison, or in trial in absentia. The judicial body sends a request to the local bar, which designates a lawyer from the duty roster. The fee is paid from the Ministry of Justice budget, at rates set annually by protocol with the National Union of Bars. The assisted person has the same rights as with a chosen lawyer and may request a different one for justified reasons.
Frequently asked questions
Yes, with justified reasons. You can request another from the bar.
Yes for the defendant. The fee is paid from the Ministry of Justice budget.
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