Legal advice assistance (Beratungshilfe) and legal aid (Prozesskostenhilfe, PKH) are in principle available to people who cannot afford a lawyer of their own. In these cases too, the lawyer can in principle be chosen freely.
As a rule, legal aid is not granted in criminal matters. Accused persons in criminal proceedings are therefore faced with the question of whether the case is one of so-called mandatory defence. If it is, there is the possibility of having court-appointed defence counsel appointed by the court. Whether court-appointed defence counsel is appointed has nothing to do with the defendant’s financial circumstances, but depends exclusively on the nature and gravity of the alleged offence.
Legal advice assistance covers the legal advice which takes place between client and lawyer outside court proceedings or before such proceedings.
An accused in criminal proceedings may, it is true, receive a so-called legal advice assistance certificate (Beratungshilfeschein). That, however, covers only initial information from the lawyer. Further activities of defence counsel, such as inspection of the file, legal submissions, applications for discontinuance of the proceedings and so on, are not covered by legal advice assistance in criminal matters.
Civil law and tax law
Where proceedings are brought before a civil court or, in tax law, before a fiscal court, legal aid (Prozesskostenhilfe, PKH) can be applied for. The condition for this is that the party does not have the financial means to finance the proceedings out of its own resources. Legal aid is granted for the court costs incurred, or the advance on court costs, and for the fees of the party’s own lawyer. The fees of the opposing lawyer, however, are not covered and, if the case is lost, must be paid by the party itself.
A basic distinction has to be drawn between legal aid without instalment payments and legal aid with instalment payments. Legal aid without instalment payments means that the costs mentioned above (court costs or the advance on them, and the fees of the party’s own lawyer) are borne in full by the state treasury. Legal aid with instalment payments means that the party contributes to the costs by paying monthly instalments. The amount and the number of the instalments are laid down by law.
Whether legal aid is granted with or without instalment payments ultimately depends on the applicant’s income. Taxes, rent and heating costs, insurance and a certain allowance are deducted from it. Any maintenance payments are also taken into account. Depending on the monthly amount that remains to live on after all this, legal aid may be granted with or without instalment payments.
Legal advice assistance can be applied for at the legal applications office (Rechtsantragsstelle) of the Local Court (Amtsgericht), setting out one’s personal and financial circumstances. If the requirements are met, you will receive a legal advice assistance certificate (Beratungshilfeschein) with which you can then consult a lawyer.
The legal applications office (Rechtsantragsstelle) of the Nuremberg Local Court is located at Fürther Straße 110, rooms 80-82a.
Opening hours: Monday to Friday from 8 a.m. to 12 noon and, for those in employment, from 1.15 p.m.; appointments by arrangement.
Documents required for an application at the Nuremberg Local Court (in German)
Form: application for legal advice assistance (in German)
Legal aid can likewise be applied for at any stage of the proceedings at the legal applications office of the Local Court, setting out one’s personal and financial circumstances.