Legal aid in Switzerland: who qualifies and how to apply
A constitutional right
Any person who lacks the necessary means is entitled to free legal aid, unless their case appears devoid of any prospect of success. This right is guaranteed by art. 29 para. 3 of the Federal Constitution and implemented, in civil matters, by art. 117 ff. of the Civil Procedure Code (CPC).
Legal aid covers exemption from court advances and costs and, where necessary to protect the person's rights, the appointment of a court-appointed lawyer paid by the State.
The two conditions: lack of means and prospects of success
First condition, lack of means: your income and assets, after deduction of an extended subsistence minimum, do not allow you to bear the costs of the proceedings without touching the resources needed to support yourself and your family. The assessment is concrete and based on your actual situation.
Second condition: the case must not be devoid of prospects of success. This does not require certain victory; it excludes proceedings that a reasonable person paying their own way would not pursue. In criminal matters, court-appointed defence is governed by art. 132 of the Criminal Procedure Code (CrimPC).
How to apply, and what to keep in mind
The application is filed with the court dealing with the case, generally in writing, with full supporting evidence of your financial situation: income, expenses, assets, debts. It can be filed before or during proceedings.
Note that legal aid is not definitively acquired: if your financial situation later improves, the canton may claim reimbursement of the amounts advanced (art. 123 CPC). It also does not, as a rule, cover the party costs you may owe the opposing side if you lose.
Legal aid eligibility estimator (Canton of Geneva)
This calculation only applies to proceedings in the Canton of Geneva. Switch canton above if your case is elsewhere. The result is an indicative estimate, not a decision: the legal aid registry also assesses your assets and the prospects of success of your case, two conditions not calculated here.
Based on: the Canton of Geneva's 2026 seizure-exemption norms (NI-2026, rsGE E 3 60.04, in force since 01.01.2026) for the base amounts, and the current practice of the Geneva Court of Justice's Criminal Appeals Chamber, which increases this amount by 25% (ruling ACPR/552/2025 of 05.05.2025: "Pour établir les dépenses du requérant, il convient de se fonder sur son minimum vital du droit des poursuites, augmenté de 25% (arrêt du Tribunal fédéral 1B_383/2017 du 23 novembre 2017 consid. 2)."). SPECIAL CASE, documented as an evolving practice rather than a single fixed rate (as with Thurgau): 5 independent decisions of the Criminal Appeals Chamber applied 20% between 2020 and 2022, but 6 more recent decisions (2022-2025), including the most recent one read in full, apply 25% based on a Federal Supreme Court ruling. No directive or landmark ruling formalizing this shift was identified: the two lines overlap in 2022 with no official cutover. Counted here under 25% (the more recent and better legally reasoned practice), but both rates are documented for transparency. This estimate does not replace the registry's review and does not account for your assets or the prospects of success of your case.
18 cantons now have a surcharge percentage confirmed by at least two independent court decisions (or a general official directive): Geneva, Lucerne, Graubünden, Solothurn, Ticino, Basel-Country, Basel-City, Zug, Nidwalden, Uri, Jura, Aargau, Fribourg, Valais, Schwyz, Bern, St. Gallen, and Appenzell Innerrhoden. For all other cantons, the simulator shows a separate national estimate (see above): it gives a ballpark figure, not a guarantee. Full source detail and cited decisions are available in the Legatis comparative study on legal aid.
Frequently asked questions
Does legal aid cover all costs?
It covers court costs and, if necessary, a court-appointed lawyer. It does not, as a rule, cover the party costs you may owe the opposing party if you lose the case.
Do I have to pay legal aid back?
Yes, if your financial situation improves: the canton may claim reimbursement of the amounts advanced (art. 123 CPC).
Can I choose my court-appointed lawyer?
You may propose a lawyer, and your wishes are taken into account where possible, but the appointment is made by the authority. State compensation is often below market rates.
Where do I file the application?
With the court dealing with your case, with complete evidence of your financial situation. In criminal matters, court-appointed defence is decided by the director of proceedings under art. 132 CrimPC.