When Is Legal Defence Mandatory: Who Pays for It and What Happens If You Don’t Have a Lawyer
“I thought it was just a police interview.”
“I didn’t know it was already a criminal case.”
“No one told me I had the right to a lawyer.”
Every year, hundreds of people in the Czech Republic face trial without legal help – often without realising they were legally entitled to a defence attorney.
Legal defence isn’t just for the wealthy. In some cases, it is required by law – and if it’s missing, the court proceedings can be unconstitutional.
Looking up “mandatory defence”, “court-appointed lawyer” or “what if I can’t afford a lawyer”?
This article explains when the state assigns a lawyer, who pays, and what to do if you’re unsure of your legal rights.
📌 What you’ll learn in this article:
When legal defence is mandatory under Czech law
Who pays for a court-appointed lawyer
Why defence can be imposed even against your will
What happens if a lawyer is missing during trial
⚖️ When Is a Lawyer Legally Required?
Defence is mandatory in the Czech Republic when:
The offence carries a sentence over 5 years
You are in custody, prison, or a medical facility
You are a juvenile (under 18)
The case involves protective measures (e.g., institutional treatment)
Your mental or physical condition limits understanding of the proceedings
The court deems defence necessary for a fair trial
💰 Who Pays for the Defence?
1. Court-Appointed Lawyer (ex offo)
Paid by the state
After final judgment, the state may recover the cost, unless you’re acquitted
2. Privately Hired Lawyer
Paid by you
If acquitted, you may request reimbursement from the state
⚠️ What If the Lawyer Is Missing?
A trial cannot proceed if defence is mandatory
Hearings held without a lawyer may be legally invalid
You may lose key rights – to remain silent, to respond, or to file motions
💡 Real-Life Case Example
A client was arrested for alleged theft, facing up to 8 years.
Police failed to inform him of his right to a lawyer, and he gave a statement on his own.
Later, his defence attorney successfully excluded the statement as unlawful – and the charges were dropped.
Not sure if you’re entitled to legal defence?
📞 Call me – I’ll assess your situation and explain if you qualify for free legal aid.
🛡 Don’t risk your right to a fair trial. Defence isn’t optional when it’s your future at stake.
Contact a legal professional – I specialize in criminal law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 03/07/2025
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When Is Legal Defence Mandatory: Who Pays for It and What Happens If You Don’t Have a Lawyer
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