What is the judicial aid?

The judicial aid was adopted by the legislator to the benefit of the person who is unable to assume the charges and fees of the trial (article 425, C.C.P). It aims at enabling him to bring the lawsuit, proceed in it and achieve the necessary investigation procedures until the judgment is delivered, notified, appealed if necessary by legal means and executed, without binding him to assume the charges and fees determined in the law or by the court, temporarily or definitively, according to each case.

Basically, all the persons who are entitled to bring lawsuits can benefit from the judicial aid, whether they are natural persons or body corporate and Lebanese or foreigners (article 426 C.C.P.).

The conditions of granting the judicial aid
The judicial aid is granted on two conditions:

First condition: The beneficiary must be unable to assume the charges of the trial
The beneficiary must prove his inability to pay the charges by attaching to his demand a certificate issued by the revenues and treasury departments at the Ministry of Finance stating the direct taxes paid by him and a certificate from any local authority confirming his neediness.

Second condition: The conflict must not suggest apparently that the person applying for the aid is not in the right.

 
The effects of the judicial aid

When the competent judicial authority passes the decision providing to grant the petitioner a judicial aid, the following effects result:

First: Appointing a lawyer to defend the beneficiary without charges

The decision of granting the judicial aid is notified to the president of the Bar Association, who appoints a lawyer to defend the interests of the beneficiary (article 433 C.C.P.).

The lawyer offers his help gratis. Any attempt to receive fees from the beneficiary is deemed a behavioral offense that must be pursued.
 
Second: Exempting the beneficiary from the trial expenses

The beneficiary is exempted from all the trial expenses, and therefore all the fees and all the expenses related to the inquiry (experts or witnesses fees). Such expenses fall upon the treasury (article 435 C.C.P.).

What are the trial expenses?

Pursuant to article 540 C.C.P., the trial expenses include:

1- The judicial fees provided by the law, in a proportional rate or fixed sum, for bringing the suit and passing, notifying, appealing and executing the judgment, according to the rules provided in the judicial fees law.
2- The expenses for proceeding in the case and for the investigations, such as experts fees, witnesses charges, the expenses of the movement of the court for examining the conflict object, the expenses of registering the suit at the real register if it deals with real rights…

How to submit the petition for the judicial aid?

The procedures for receiving the judicial aid vary according to the kind of the lawsuit: civil, penal, legal …

A- Concerning civil cases

The demand of the judicial aid is submitted in three copies, exempt from all the fees and expenses, to the registry of the competent court, with a certificate confirming the financial deficiency of the petitioner, issued by a local authority, and another certificate issued by the departments of revenues and treasury at the Ministry of Finance (General Department of Finance) stating the direct taxes paid by him (art. 429 C.C.P.).

At the submittal of the demand, the second copy is sent to the General Prosecution which shall give its opinion within five days, and the third copy is sent to the other opponent who is entitled to give his opinion within five days also (art. 428 C.C.P.).

Afterwards, the court calls for the petitioner and his opponent to a cession held at the deliberation room. Then the court examines the demand and the conditions of acceptance as for the form and the subject before giving the decision of acceptance or rejection. This decision is notified to the opponents and the General Prosecution (art. 432 C.C.P). The decision of definitive acceptance or rejection is not subject to appeal.

B- Concerning penal cases

The procedures used in penal cases are different from the civil cases procedures. As soon as the suspect declares his will to appoint a lawyer to defend him in the case brought against him, the head of the Bar is notified by a letter sent by the court looking into the conflict or by the letter transferred to the Bar through the chief of the prison where the suspect is arrested.
The demands are transferred afterwards to the committee of judicial aid. The committee shall examine them and suggest the names of the lawyers who shall defend the suspects. These names are submitted to the head of the Bar to issue the assignment decisions.

C- Concerning legal cases

The legislator discussed the judicial aid provisions in the seventh part of the eighth chapter of the Law on the Organization of the Legal Judiciary in Lebanon, articles 266 to 279. Those procedures are similar to the ones mentioned in the Code of Civil Procedures, concerning the conditions of giving the aid, its effects, or the reasons of its cessation.

Who is the competent judicial authority for studying the demand of the judicial aid?

The demand of the judicial aid is submitted to the office of the First Degree Chamber to which the case is brought or which is located in the same region as the single judge before whom the case is brought. In fact, the First Degree Chamber is in this case the only competent authority to rule on the demand, whether the examining of the original case is of the specialty of this chamber or the single judge (article 428 C.C.P.).

When the judge passes the decision of granting the judicial aid, such aid stays in force until the competent court passes its decision. Two cases arise here: either winning or loosing the case by the beneficiary.

If the beneficiary wins the case, he continues to benefit from the aid for the execution of the judgment or for the defense, in case an appeal was lodged against the decision (article 439 C.C.P.). 

If he looses the case and decides to appeal from the judgment, he must apply for the judicial aid again before the Court of Appeal. The same rules used before the Court of First degree in submitting the demand and deciding on it are followed in this case.

In case the beneficiary opponent looses the case in appeal and decides to appeal in cassation, he must submit a new demand for a judicial aid to the Court of Cassation. The same procedures here above mentioned are followed in submitting demand and deciding on it.

Therefore,

The demand of the judicial aid is not restricted to the lawsuits brought before the courts of first degree; it can be submitted to the supreme courts in order to appeal in cassation even if for the first time (Art. 427 C.C.P.). The demand can be submitted also to the Head of the Execution Department in order to execute the judgment (Art. 441 C.C.P.).

What are the reasons of the cessation of the judicial aid?

The judicial aid ceases due to the following reasons:

A- Death of the beneficiary
The judicial aid ceases with the death of the beneficiary. In this case, the cessation does not have a retroactive effect. If the successors need the aid in order to proceed in the case, they must submit a new demand (Art. 437 C.C.P.).

B- Annulment of the decision of granting the judicial aid
The court granting the judicial aid may, at any stage of the lawsuit, even after the conclusion of the trial and the procedures for which the aid was granted, annul its decision by itself or upon the demand of the General Prosecution, the Ministry of Finance or one of the opponents, if it was proved that the circumstances for which the aid was granted were not valid or changed.

In this case, the aid ceases with a retroactive effect and the opponent obliges the beneficiary to pay the advanced charges and fees immediately, and if it was proved that the beneficiary committed fraud and forgery, he shall be transferred to the competent penal authorities (Art. 436 C.C.P.).

N.B.

- The petitioner does not have to be penniless and destitute, without any income at all, in order to be granted the judicial aid. It is enough to be unable to advance the fees of the prosecution.

- The judicial aid can be granted for bringing the suit or for defense. In other words, the petition can be submitted before bringing the legal action in which this aid will be used and after the action is brought, for defense (Art. 427 C.C.P.).

- The judicial aid is granted to foreigners on two conditions: continual legal residence in Lebanon and reciprocity (Art. 426 C.C.P.).

- The judicial aid is granted to nonprofit body corporate whose management or business center is located in Lebanon.

- If the judicial aid demand is submitted within the recourse delay, this delay stops until the decision passed in this regard is notified to the petitioner, whether this decision accepts or rejects the demand (Art. 427 C.C.P.).

- The demand of the judicial aid to appeal in cassation must be submitted to the Court of Cassation, not to the Appellate Court, otherwise the demand shall be useless.

- The submittal of the demand of the judicial aid does not stop the delay of cassation unless it is submitted within such delay. If this condition is not fulfilled, the demand must be refused in form.

- Granting the judicial aid for the execution of the judgment implies the exemption of all the fees of execution in all its degrees, including the obtaining of an executable copy, submitting the demand of execution before the Execution Department, and all the problems and appeals that might be brought by one of the parties or by a third party against the other.

- The demand of the judicial aid is refused, whatever the financial condition of the petitioner is, if it turns out that his claim or defense is unacceptable or with no foundation.

Legal Texts

Code of Civil Procedures
7th Chapter

Article 425
If one of the opponents is unable to assume the charges and fees of the trial due to financial difficulties, he can apply for the judicial aid.

Article 426
The judicial aid is granted to natural persons of the Lebanese nationality, as well as foreigners residing usually in Lebanon on condition of reciprocity.

Article 427
It is possible to apply for the judicial aid in order to sue or defend in the first degree action and in appeal, even if it was for the first time.

The submittal of the demand during the appeal delay stops the delay until the of the decision passed in this regard is notified to the petitioner.

Article 428
The judicial aid demand is submitted in the form of a petition exempt from fees and financial stamps, in three copies. It is deposited at the registry of the court that will look into the case. The clerk keeps one of the copies and sends the second one to the opponent who may give his written observations within five days also.

If the case will be submitted to the single judge, the judicial aid demand must be submitted to the first degree chamber located in the same region as the single judge.

Article 429
Is attached to the petition a certificate issued by the revenues and treasury departments at the Ministry of Finance (General Direction of Finance) stating the direct taxes paid by the petitioner and a certificate from any local authority confirming his neediness.

Article 430
The demand of the judicial aid is refused, whatever the financial condition of the petitioner is, if it was clear that his claim or defense is unacceptable or with no foundation.

It is possible to refuse the aid demand submitted to the Court of Cassation if it does not mention any valid reason for cassation.

Article 431
The court calls the petitioner and his opponent to the deliberations room and is entitled to look into the demand even in case of their absence.

Article 432
The registry of the court notifies the opponents and the General Prosecution of the content of the decision passed by the court. Such decision is not subject to appeal.
 

Article 433
The decision of granting the judicial aid is notified to the president of the Bar Association who shall appoint a lawyer to defend the interests of the beneficiary.

Article 434
The lawyer offers his help gratis. He is not entitled to receive or try to receive any remuneration or profits from the beneficiary.

However, the court may impose to the other opponent to assume the legal fees if he looses the case without being granted the judicial aid.

Article 435
All the registry procedures related to the beneficiary are free and all the expenses entailing from the necessary measures pertaining to the inquiry fall upon the treasury.

Article 436
The court granting the judicial aid may, in any case, even before the original case is brought, annul its decision by itself or upon the demand of the General Prosecution or the Ministry of Finance, if the circumstances under which the aid was granted changed or were proved to be invalid. In this case, the aid ceases with a retroactive effect.

Article 437
The judicial aid ceases with the death of the beneficiary. In this case, the cessation does not have a retroactive effect. The successors of the beneficiary may request to be given the judicial aid if need be.

Article 438
If the beneficiary wins the case, his opponent is bound to pay the charges, including the advanced charges paid for investigation procedures.

Article 439
The opponent who was granted the judicial aid continues to benefit from it for the execution of the judgment or for defense in case an appeal was lodged against the decision.

Article 440
If the beneficiary looses the case, he shall not assume the fees of the procedures that were taken in his favor and is not bound to pay back the sums advanced by the treasury unless his good financial situation was proved later.
 
Article 441
The head of the execution Department may grant the judicial aid for the execution of the judgment according to the previous rules.

The Law on the Organisation of the legal Judiciary in Lebanon
8th Chapter

 
Article 266
Each of the parties who cannot assume the judicial fees, fines and charges entailing from a case, investigation or procedure before all the courts and executive authorities can submit a demand to be granted a judicial aid.

Article 267
The judicial aid is granted for the persons unable to pay, being Lebanese or foreigners residing in Lebanon, on condition that their country grants the Lebanese the same right.

Article 268
The judicial aid demand is exempt from fees and stamps. It is submitted in a form of a petition to the competent court that shall look into the case or to the head of the department responsible of the execution procedures.
A date is set immediately at the bottom of the petition to examine it and a copy of it is sent to the General Prosecution and to the opponent to give their observations.

Article 269
The petitioner must attach to his petition:
1- A certificate from the financial department indicating the direct taxes paid by him.
2- A certificate from the administrative authority relative to him, indicating his family and life conditions, his income and his inability to assume the expenses. If the petitioner is foreigner, he must produce also a certificate given by the representative of his country confirming his bad financial conditions in addition to the legal text that gives the Lebanese people residing in his country a judicial aid.

Article 270
The court may reject the demand even if the bad financial condition of the petitioner was confirmed, if it was proved clearly:
1- The invalidity of the suit or the nonsuit by expiration of the delay.
2- The intention of deceit and procrastination in the petition.
The court decision providing to accept or reject the demand is not subject to any way of recourse except the appeal of the General Prosecution. The judge must notify the General Prosecution of the decisions he passes regarding the judicial aid.

 
Article 271
The beneficiary who wins the case continues to benefit from the judicial aid as for the notification and execution of the decision and for the defense if his opponent lodges an appeal against the decision.
However if the beneficiary looses the case, he must submit a new demand to the competent authority to look into the recourse lodged against the judgment.

Article 272
At the submittal of the judicial aid demand, the legal delays stop until a decision is passed in its regard.

Article 273
When the demand is accepted, the beneficiary is exempt from all fees of any kind and penalties and the treasury advances the charges of the experts and all the due expenses according to the regulations in force.

Article 274
The court may annul its decision by itself or upon the demand of the General Prosecution, the representative of the Treasury or one of the opponents, after calling the beneficiary, if:
1- The financial condition of the beneficiary changed and he became able to pay the charges.
2- If it was proved that the certificates used as a basis for accepting the demand were false or incorrect.

In this last case, the beneficiary is bound to pay the advanced expenses and is transferred to the General Prosecution for penal prosecution if need be.

Article 275
The judicial aid ceases by the death of the beneficiary and its cessation has no retroactive effect. The successors may submit a new demand if need be.

Article 276
The clerk of the court puts on a list of the fees and charges due to the treasury and advanced by it within ten days of the date of passing the judgment in which he mentions the case or procedure number, the date of the judgment and the identity of the party who must assume the expenses, and sends a copy to the Ministry of Finance. The Head of the Supreme Court may impose on the clerk a fine of five to fifty Lebanese pounds for his negligence.

Article 277
The treasury may collect from the party condemned to pay the charges and fees the sums advanced for the beneficiary opponent according to the forms in force used for collecting direct taxes. The treasury may also collect similarly the charges and fees imposed on the beneficiary if his financial condition changed and he became able to pay them.

Article 278
The treasury has the right of priority over all the creditors and entitled persons regarding the due expenses.

Article 279
The prescription of the right of the treasury to claim the expenses takes place five years after the date of passing the judgment.

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