Introductory provisions
paragraph 1 of this law provides for legal aid and counseling.
section 2 of the legal aid may be granted in a legal matter on
conditions in 6-8 sections are met.
To legal aid shall be granted in accordance with that advice is required
paragraph 4 has been provided in the affair for at least an hour, unless such
advice is obviously unnecessary, or there is some other
particular reasons.
In section 9 lays down rules on the Web relative to
legal expenses insurance. In the 10-13 § § provides for when
legal aid may not be granted and when it requires special reasons
for legal aid. In paragraphs 21 and 22, there are special provisions on
legal assistance to victims of sexual offences when the affair, the
be treated abroad. In a 22-22 (d) of the specific
rules on legal aid in some cross-border
Affairs. Act (2004:738).
2 a of legal aid shall be granted, under the conditions
specified in article 46 of Council Regulation (EC) No 4/2009 of
of 18 december 2008 on jurisdiction, applicable law,
recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations, or in article 15 of the Hague Convention
of 23 november 2007 on the international recovery of
maintenance for children and other family members, if the
litigants need legal counsel, and this need not
can be met in other ways. In such a case be applied
not 2 and sections 6 to 9, 11 § 2 and § § 23-25. Law (2012:449).
section 3 of the legal aid granted upon application by the claimant. Application
shall be in writing and contain the information prescribed by the
the Government or the authority, as the Government determines.
Advice
4 § Advice under this law will be left in a legal
matter of a lawyer or an associate at
law firm in a maximum of two hours. Counseling may also be
submitted by someone else who may be appointed as counsel
According to section 26.
Counseling is provided for a fee that is paid to the
the advice. The who has provided advice, put down
the fee to half if the economic
conditions giving rise to it.
Is the applicant a minor fee may be reduced to
zero, if the applicant's financial circumstances give cause for
it.
The Government or the authority, as the Government determines
announce the detailed arrangements for advisory fees and
reduction of the Advisory fee. Law (1999:63).
§ 5 The who has provided advice are entitled to equitable
reimbursement of public funds for the costs of the interpreter and
translation advice may have required. If advice has
made against reduced fee under section 4 of the second and third subparagraphs,
can anyone who has provided advice to get compensation of public
funds.
The Government or the authority, as the Government determines
Announces detailed rules on compensation in accordance with the first
paragraph. Act (2000:273).
General conditions for legal aid
section 6, legal aid may be granted to a natural person whose economic
basis in accordance with section 38 does not exceed 260 000 kr.
Legal aid may also be granted an estate where there are serious
reasons. In section 14 provides for the transition of legal aid to
estate. Law (1999:63).
section 7 of the legal aid may be granted if the applicant requires legal
assistance in addition to counseling and this need cannot be met on
otherwise.
Legal aid may not be granted in such matters where assistance through
public defender or public counsel.
section 8 legal aid may be granted only if, having regard to
angelägenhetens nature and importance, the value of the matter in dispute and
circumstances otherwise reasonable that the State contributes to
costs.
Web relative to legal expenses insurance
section 9 of the legal aid shall not be granted if the applicant has a
legal expenses insurance or any other similar legal protection
covers the affair.
If the applicant has no legal protection in accordance with the first paragraph, but with
account of his insurance coverage in general or their economic and
personal relationships should have had such protection,
legal aid is granted only if there are special reasons given
to angelägenhetens the nature and importance of the litigants.
Restrictions on the right to legal aid
§ 10 legal aid shall not be granted
1. for the preparation of income tax returns, prenuptial agreements,
will or gift deed,
2. for solemnization of probate pursuant to Chapter 20.
inheritance law;
3. in a matter relating to the debt restructuring,
4. in the land registry matters under the land code,
5. in cases where the property declaration,
6. in case or cases concerning property taxation,
7. in register matters according to maritime law (1994:1009) or the law
(1979:377) on the registration of boats for commercial shipping
accommodation,
8. in a concern relating to the Division of property otherwise than by
censure of
Division of property,
9. on the question of legal aid can wait until another
legal matter in which the claim is based on substantially
a similar result has been determined,
10. in a matter relating to trafikskade benefits under
traffic damage Act (1975:1410) or relating to compensation to
paid from a liability insurance. Legal aid may, however,
be granted in such a matter if a goal or case has
initiated in court or only concerns damage other than
personal injury.
Legal aid may not be granted in respect of claims which
have been transferred to the applicant, if the transfer can
be assumed to have taken place in order to achieve an advantage when assessing
the application for legal aid. Law (2011:1383).
section 11 legal aid may be granted only when there are special reasons in
a concern that
1. divorce and related matters,
2. relating to maintenance obligations towards children,
3. related taxes, duties, levies or the fuse for
taxes, duties and charges,
4. the District Court shall be decided by a legally qualified judges according to Chapter 1.
3 d § code of judicial procedure,
5. to be treated abroad, except in the cases referred to in section 21.
section 12 of The who is not a Swedish citizen and who is not, or
have previously been resident in Sweden, legal aid may be granted only if the
the affair should be treated in Sweden and there are special
reasons. In a matter to be treated abroad, legal aid
only be granted if the applicant is a resident of Sweden.
Under the condition of reciprocity, the Government may order that
citizens of a particular foreign State, and the like, without being
citizens of the State, which shall be deemed
Swedish nationals in respect of legal aid.
Legal aid to traders
§ 13 legal aid shall not be granted to anyone who is or has been
traders in a matter that has been raised in
economic activities, unless there are special reasons given
the nature and limited scope, his or her
Economic and personal circumstances and facts otherwise.
With traders refers to a natural person operating out of
economic nature which could be classed as professional or have a
dominant influence over a legal person who carries out such
activity.
Transition of legal aid to the estate
section 14 of the dies that have been granted legal aid, legal aid goes to
the estate, if the estate requesting this and that with regard to
angelägenhetens nature and importance, the estate and the estate of delägarnas
economic conditions and circumstances are otherwise appropriate to
the State continues to contribute to the costs.
Benefits included in the legal aid
section 15, When legal aid paid by the State the cost of
legal aid counsel. The benefit of counsel covers
remuneration for work for a maximum of 100 hours, unless otherwise decided
According to § 34.
16 §/expires U: 2016-09-01/
When legal aid is granted, the State will pay the costs of
evidence at Court, the Labour Court and the market Court.
Unless otherwise provided by law or regulations made under
by law, compensation for evidence of reasonable amount.
16 section/entry into force: 2016-09-01/
When legal aid is granted, the State will pay the costs of evidence in court and the Labour Court. Unless otherwise provided by law or regulations made pursuant to law, compensation for evidence of reasonable amount.
Law (2016:214).
section 17 When legal aid paid by the State the cost of
the investigation, which is reasonably required in order to utilize the
applicant's legal right, at a cost of up to $1,000. Investigation in
a matter shall be considered by the administrative court or
administrative authority is paid unless it can be obtained through the
Court or authority shall examine the affair.
Anyone who has participated in an investigation are entitled to compensation
According to regulations issued by the Government or the authority
as the Government determines.
section 18 When legal aid paid by the State the cost of
mediators according to chapter 42. section 17 of the code of judicial procedure.
The mediator is entitled to reasonable compensation for the work, the
loss of time and the expenses that the Mission required.
The mediator shall not retain or receive compensation from the
the parties. Has this been the preserve of no effect and the mediator
shall, for the parties to pay back what he or she has received.
section 19 of The assisted person do not have to pay
application fee, additional fee or handling charge
According to the Regulation (1987:452) on fees at the General
the courts, filing fee in the case under the Act (1990:746)
If the order for payment procedure and official assistance or fee
under 15 section 1 – 3 the fees regulation (1992:191).
Anyone who has been granted legal aid in a matter that led
to an enforceable decision or in an action for
enforcement is not required to pay the enforcement fees in
Enforcement authority.
Anyone who has been granted legal aid do not have to pay any
costs for announcements in case or cases in the courts.
Law (2014:252).
section 20 of The assisted person need not provide security
to obtain lien or other similar action under
the code of judicial procedure or bankruptcy Act (1987:672) in the matter
legal aid applies to. If the applicant is unable to pay for the damage
added respondent, responds the State vis-à-vis the injured party for
This damage.
The first subparagraph shall apply also in the case of enforcement under 3
Cape. 8 or 9 of the enforcement code, whether legal aid was granted in
enforcement proceedings.
Specific provisions on legal assistance to victims of sexual offences
abroad
section 21 of an affair to be treated abroad, legal aid
be granted if the matter concerns a violation of the claimant which corresponds to
offences under Chapter 6. the Penal Code and the litigants in need of
one of the benefits referred to in section 22.
In the case of a matter referred to in the first subparagraph shall not apply to
paragraph 2(2) and section 9.
section 22 When legal aid has been granted under section 21 of the State
cost of representation and such evidence and investigation has been
necessary for making the right and
the costs of travel and subsistence expenses of the applicant or his
or her Deputy and for carers or other that must
hired in connection with appearance before a court or other authority
in the foreign State. However, this applies only to the extent
costs not covered by any insurance policy or is replaced by
Court or other authority of the foreign State.
The Government or the authority, as the Government Announces
detailed provisions concerning the compensation referred to in the first subparagraph.
Specific provisions on legal aid in some cross-border
Affairs
22 a of in a cross-border affair in civil and commercial
area apply to a natural person the specific provisions
as stated in 22 b 22 d sections.
A concern is cross-border, if it is to be treated in
Sweden and the litigants when the application is made has
domiciled or habitually resident in another
Member State of the European Union.
By the decision of a question of whether a claimant is resident in
another Member State, that State's law applies.
Act (2004:738).
section 22 (b) Notwithstanding section 6, an applicant whose
economic base exceeds 260 000 legal aid,
If the claimant shows
1. that he or she, in whole or in part, lacks the ability to
bear its own costs and
2. that the lack of ability is due to differences in
the cost of living between Sweden and the Member State in
The European Union where the claimant is domiciled or
their habitual residence. Act (2004:738).
22 c § what is said in paragraph 9 shall not apply.
Act (2004:738).
paragraph 22 (d) If a person who has been granted legal aid in another
Member State within the European Union than Sweden is looking for
execution here of an enforceable decision that has
a court in the other Member State, the provisions of section 19 of
second paragraph. Act (2004:738).
The legal aid fee
section 23 of The assisted person shall pay a
the legal aid fee which is determined with regard to the costs of
legal aid counsel and the financial basis
According to section 38.
The legal aid fee, which must never exceed the cost of
legal aid counsel, constitutes
1. two per cent of the costs of the economic basis is not
more than 50 000 kr,
2. five per cent of the cost, but not less than $500, if it
economic base exceeds 50 000 but not 100 000 kr,
3. ten percent of the cost, but not less than $100, if the
economic base exceeds 100 000 but not 120 000 kr,
4. Twenty per cent of the costs, but at least 1 500 kr, if it
economic base exceeds 120 000 but not 150 000 kr,
5. Thirty per cent of the cost, but not less than $200, if it
economic base exceeds 150 000 but not 200 000 kr,
6. Forty per cent of the costs, with a minimum of $500, if it
economic base exceeds 200 000 SEK.
Fee for counseling in addition to one hour shall be charged against the
lowest fee specified in the second subparagraph 2-6.
Is the applicant a minor, it may be decided that any
the legal aid fee is not payable if the applicant's financial
conditions giving rise to it.
The fee for the estate granted legal aid is determined after what
that is reasonable having regard to the estate and the estate of delägarnas
economic conditions. If legal aid is transferred to an estate
the legal aid fee is calculated on the basis of the deceased's
economic basis. Act (2000:273).
section 24 the percentage for calculating the legal aid fee
determined when legal aid is granted.
If the economic base is changing significantly
before the rättshjälpsärendet has been completed, the adjustments take place after
What is reasonable. In the cases referred to in article 23 of the fourth subparagraph may
the adjustment made to zero, and in other cases to different percentage
as indicated in paragraph 23. The adjustment may also be made if a
material errors in the assessment have been made when the percentage previously
It was decided, or if incorrect information has been the basis for
the decision.
The adjustment to a lower percentage or to zero can be
refer to the fee that has not yet been paid. Law (1999:63).
section 25 of the legal aid fee shall be paid to the
the legal aid clerk as costs are incurred.
The Government or the authority, as the Government Announces
the detailed rules for payment of the legal aid fee.
Appointment and replacement of legal aid counsel
section 26 to the counsel may be appointed an attorney, a
Associate at law firm or someone else who is
suitable for the mission. Has the claimant himself proposed
someone that is appropriate, he shall be appointed, unless there are
specific reasons for it; A representation may be dismissed if
There are reasons for it.
Change of representation may be made by special permission and only if
There are special reasons. If replacement of the counsel has been a
again, the new replacement occur only where there are serious reasons.
An attorney may bring a lawyer or an associate at
law firm in its place (substitution) if it does not entail
a significant increase in costs. Otherwise,
substitution occurs only after special permission.
Law (2009:1253).
Remuneration to counsel
section 27 A counsel has the right to equitable remuneration
for work, loss of time and expenses that the Mission has required.
Remuneration for work should be determined on the basis of the
time that is reasonable in the light of the Mission's art and
scale and with the application of a standard hour cost.
Government Announces rules on the hour cost the norm.
Hourly compensation may deviate from the norm, if the hour cost
skill and care that the Mission has been carried out with
or other circumstances of importance gives rise to the
the. Remuneration of counsel may not concern
costs for use of technical assistance.
The remuneration of counsel may only if there are
specific reasons relate to the additional costs for the loss of time and
expenses that have been incurred due to the processor has its
activities far from the place where the legal
the affair is mainly handled. At the request of the
claimants or the proposed legal aid counsel must
advance notice is provided in the issue of such additional costs
beneficiaries of the right to compensation.
Remuneration for work before the application can be confined to work
been on a smaller scale or urgency. At
processing change in accordance with section 26 of the second subparagraph the equivalent in
question about the new counsel's right to compensation for work
carried out before the decision on the replacement.
If the processor by negligence or misconduct has prompted
cost of legal aid, this must be taken into account when
is determined. If the processor has abused its power to
decide if the investigation under section 17 or in accordance with
section 26, or if there are special reasons,
the compensation may be reduced.
When remuneration is determined, in some cases, a tariff is applied.
The Government or the authority, as the Government determines
Announces rules on tariffs and on the calculation of
compensation for loss of time. Law (2009:1253).
section 28 of the compensation to a counsel is established in connection with
that the legal affair is decided by judgment or decision or
When rättshjälpsärendet ends in any other way.
Have an attorney not claimed in a timely manner, thereby
lost the right to receive the compensation determined by the Court,
The Board set the compensation provided
the clerk was not aware that the affair was pending before the
the Court or that the failure is due to any other excusable
mistakes. The part of the remuneration that exceeds the legal aid fee
will stay at the State.
section 29 A counsel should not reserve for itself or take
receive reimbursement of their principal in addition to what follows from
section 27. Has this been the preserve of no effect and the processor
going to the principal to pay back what he or she has
received too much. Legal aid counsel may, however,
reserve for itself and receive fair compensation for time lost
and disbursements pursuant to the second subparagraph of section 27 are not subject
counsel's right to compensation. Law (2009:1253).
Counterparty's liability
section 30 of the Regulations of the law on the responsibility of counterparty's costs in trial
or other similar procedure also applies in the case of
Advisory fee and cost of counterparty's counsel.
Interest shall not be paid.
The person who is liable for rättshjälpskostnader shall
the applicant shall pay an amount equal to his Advisory
and legal aid fees. The remainder shall be paid to the State. If the
the compensation obligation has been imposed to replace only a portion of
rättshjälpskostnaderna, compensation shall be paid to the
litigants and to the State with the corresponding distribution.
Medparts liability
section 31 Has in a case or matter in the Court a cost of counsel
which is common to multiple partners has been replaced as a
rättshjälpskostnad, each of the partners who do not have
legal aid to pay the portion of the cost related to the bulk.
The allocation shall be made after the keynote address, unless the circumstances
causing the other.
For the purposes of applying the first subparagraph, the deduction for the part
of the costs that a counterparty or someone else has been ordered to pay
by virtue of section 30.
If the sum of the legal aid fee and what medparterna ordered
pay in accordance with the first paragraph exceeds the remuneration of counsel,
medparterna shall pay the excess amount to the
legal aid and the rest to the State.
Termination of legal aid
32 § legal aid shall cease where
1. the legal aid fee not paid pursuant to section 25,
2. the applicant has submitted incorrect information and
legal aid would not have been granted if the correct information had
submitted,
3. the claimant intentionally or by gross negligence has
misrepresentation, which were designed to lead to
low legal aid fee,
4. the economic conditions have changed so that
He or she is no longer eligible for legal aid,
5. a legal aid counsel dismissed without another
counsel may be appointed,
6. having regard to the nature and importance of the angelägenhetens
the value of the claim and the circumstances in
longer is reasonable for the State to contribute to the
costs, or
7. The Consumer Ombudsman decides to assist the litigants
According to the law (2011:1211) on consumer participation in the Ombudsman
some disputes. Law (2011:1213).
33 section on legal aid has been granted in spite of the existence of such a
cases referred to in paragraph 10 9, it may be decided that legal aid shall
cease. However, this does not apply if it is clearly unreasonable to
legal aid is discontinued.
34 § legal aid shall cease when the work that the processor has the right
to compensation for under section 27 amounts to 100 hours, unless otherwise
be adopted in accordance with the second subparagraph.
The legal aid Clerk shall notify to the right when the work
Assistant on the Mission reaches or nears 100
hours. The right shall immediately examine whether legal aid shall cease. If
legal aid shall continue, the Court determines the number of hours
the benefit of counsel thereafter may cover.
In cases where the Board pursuant to § 39 decides in
legal aid issues, the provisions of the second paragraph, instead
authority.
Repayment of rättshjälpskostnader
35 section On legal aid will cease on any of the grounds referred to in
32 section 1 – 6, should the claimant reasonable pay
back legal aid costs to the Government.
If legal aid is terminated on one of the grounds specified in section 32 7
and section 33, the costs of legal aid exceeding
the legal aid fee will not be refunded to the State.
Law (2011:1213).
36 § where a decision to grant legal aid is suspended after
appeal, the who had legal aid pay the cost
for legal aid. If there are special reasons, may be appointed to
the cost will not be refunded to the State or to the only
Part shall be repaid to the State.
section 37 If the claimants through carelessness or negligence has
caused increased expenses for legal aid, he or she shall pay the
the State for those costs no matter how responsibility for
rättshjälpskostnaderna in general are to be allocated. The same applies
the Deputy.
Economic substance
38 section With economic substance referred to in this law, the
legal applicant's estimated annual income since taking into account
maintenance obligations, property regimes and
indebtedness referred to in the second subparagraph.
Help the litigants to the maintenance of the child, the
estimated annual income be reduced by SEK 15 000 for each child,
a maximum of 75 000 SEK Is the ability to pay
substantially increased or reduced because of wealth holdings
or indebtedness or other special circumstance, the
the estimated annual income be reduced by reasonable amount
is added to or subtracted from.
Detailed rules on how the economic foundation must
is expected to announced by the Government or authority
the Government determines. Law (1999:63).
Decision on legal aid issues
section 39 If a case or matter relating to the legal
the affair is ongoing at the Court, the Court in questions
According to this law. Otherwise, deciding the legal aid administration
in the questions. The Board also decides to whom
compensation under section 30, second paragraph, and the third paragraph of section 31
shall be paid.
If an application for legal aid is refused in whole or in part
the decision contain the reasons which have determined the outcome.
What is being said about the Court, this law also applies to a lease Committee
and the rental Board.
Legal aid counsel decides that such an investigation referred to in
section 17 of the first subparagraph shall be carried out. Act (2004:738).
section 40 of the Board shall determine the final
legal legal aid applicant fee when the remuneration of
legal aid counsel has been established.
The remuneration of the Assistant shall be paid after deduction of the
final scheduled legal aid fee. If the processor has received
a higher fee from the applicant than that final set,
the processor shall reimburse the excess amount to the
litigants.
41 section in connection with the proceedings ended in a goal or
case in which a party has legal aid, it must be determined what
amount as counterparties, partners and the applicant or his
Deputy shall pay under paragraph 30 and 31 of the
the first paragraph. A decision on the repayment obligation according to § 37
announced in connection with the proceedings ended in a goal or
case in which the party has legal aid or in the context of the Web
cessation. If the decision is made by someone other than the courts or
The legal aid authority, the payment obligation shall be deemed to be
to cover the costs in their entirety or some fraction, but to a
certain amount specified.
When a creditor has been granted legal aid in a matter relating to the
Declaration of bankruptcy, the decision on liability will be notified
recently in connection with that the dividend is fixed.
42 § decision on to whom compensation is payable under section 30 of the other
paragraph and the third subparagraph of section 31 and the decision on the legal aid fee and
settlement assistance under section 40 shall be made by
The legal aid administration by automatic processing of data in
one of authority brought the record of rättshjälpskostnader.
Decision pursuant to the second subparagraph of section 30 and 31 of the third subparagraph,
enforced in accordance with the provisions of the enforcement code.
Appeal, etc.
43 § in the case of appeal against a court decision under this Act
apply, except in the cases referred to in the second paragraph, that generally
apply on appeals from decisions of the Court.
Court of law or the decision of the Appeal Chamber in a question regarding
remuneration to counsel may not be appealed. The Court of appeal
or the Court may, however, allow the appeal, if the
There is a particular reason for a trial licence shall be administered according to 54
Cape. 10 paragraph 1 the code of judicial procedure and paragraph 36
paragraph 1 the administrative judicial procedure Act (1971:291).
44 § Decision by counsel in respect of investigation under section 17 of the
the first subparagraph may not be appealed.
The Board's decision pursuant to the second subparagraph of section 30, section 31
third subparagraph, and paragraph 40 may not be appealed. Other
decision of the Board may be appealed to the
Legal aid Commission.
The legal aid Board's decision may not be appealed.
section 45 Decision on legal aid may be appealed by the individual
party and by the Attorney General. Count the time for appeal
from the date a party to a part of the decision, the Attorney General
yet appeal the decision not later than two months from the date
for the decision. The Attorney General may appeal against a decision even
for the benefit of a single party. Act (2005:75).
section 46 State Attorneys General may call for a decision on the legal aid shall
cease pursuant to §§ 32-34. Act (2005:75).
47 § A counsel who has appealed against a decision
compensation, in the higher instance rely on new facts to
in support of its claim only if there are special reasons for it.
Legal aid Commission
48 § legal aid Commission consists of a Chairman, who shall be
or have been regular judges, two members who shall be
lawyers and two other members. All members shall be
Swedish citizens. They may not be minor or have managers
According to Chapter 11. 7 § parental code.
The Government appoints the members and appoints the Chairman for some time.
The Chairman shall be one or more replacements. Otherwise,
the Government appoint the appropriate number of alternates. The provisions on
President and members shall also apply to replacement.
49 § legal aid Commission is quorate with the President and at least two
other members, one of whom shall be a lawyer and a Board member.
By the decision of a case that is of fundamental importance
or otherwise is of special importance, shall be all the members
Delta.
The trial bar rules on vote in civil proceedings be applied when
cases is determined by the legal aid Board. The Chairman shall, however, say their
sentence first.
Transitional provisions
1996:1619
1. this law shall enter into force on 1 december 1997, when the Act
(1972:429) shall cease to apply.
2. The repealed Act applies, however, still on
public legal aid, legal aid to suspected criminal or
legal aid by public counsel has been granted before 1 January
in 1997, or
application for such assistance has been submitted to the Court,
The legal aid authority or other authority can decide on
legal aid before december 1, 1997.
2000:273
This law shall enter into force on 1 July 2000. The new provision
in paragraph 5 of the first paragraph apply to decisions on the reduction of
Advisory fee notified on 1 april 1999.
2005:75
1. this law shall enter into force on 1 april 2005.
2. in the case of a decision given before the date of entry into force
section 45 applies in its older version. The same applies in the case of
decision rendered after the entry into force in respect of the
the judiciary has called for a decision on the legal aid shall
cease according to § 46 of its older version.
2009:1253
1. This law shall enter into force on January 1, 2010.
2. Older provisions will apply for attorneys who have
appointed prior to the entry into force.
2011:1383
1. this law shall enter into force on 1 January 2012.
2. Older rules still apply in the case of
tax return to be made under the Act (2001:1227) on
income tax returns and control tasks.
