Chapter Seventh: Legal Aid

Article 425

If one of the parties is in a situation that prevents him from paying the court fees and expenses, he may request to be granted legal aid.

Article 426

1. Judicial assistance is granted to natural persons of Lebanese nationality, as well as to foreigners who are ordinarily resident in Lebanon, provided that there is reciprocity. 2. This assistance may be granted exceptionally to legal persons that are non-profit and have their administrative center or activities in Lebanon.

Article 427

Legal aid may be requested in order to initiate or defend a suit. It may also be requested, even for the first time, in order to use means of appeal. The submission of this request within the appeal period shall suspend that period as long as the request is pending.

Article 428

An application for assistance is submitted with an exempt petition and financial stamp, drafted in three copies. It is deposited with the court registry that will consider the case, whereby the clerk retains a copy, sends the second to the defendant who has the right to express his written observations within five days, and sends the third copy to the Public Prosecution which may also express its opinion within a five-day deadline. If the case is to be brought before a single judge, the application for assistance is submitted to the Court of First Instance in the jurisdiction where the judge is located.

Article 429

Attached to the application shall be a certificate from the Departments of Customs and Treasury in the Ministry of Finance (General Finance Directorate) indicating the direct taxes paid by the applicant for legal aid and a certificate from any local authority attesting to his poverty.

Article 430

Regardless of the financial situation of the applicant for assistance, his request shall be rejected if it appears clearly that his claim or defense is inadmissible or unfounded. The request for assistance submitted to the Court of Cassation may be rejected if the appeal is devoid of any serious grounds for cassation.

Article 431

1. The court shall summon the applicant for assistance and his opponent to appear before it in the deliberation chamber, and it may even in their absence consider the application.

Article 432

The court clerk shall notify the parties and the public prosecutor of the decision rendered by the court, and this decision shall not be subject to any appeal.

Article 433

The decision issued to grant legal aid to the Bar Association shall appoint one of the lawyers to defend the interests of the person who received such aid.

Article 434

The assistance provided by the lawyer in this manner shall be free of charge, and he shall not be permitted to receive or attempt to receive any fees or benefits from the person whose interests he is defending. However, the court may order the opposing party, in the event of their losing the case, to pay the lawyer's fees if they have not been granted legal aid.

Article 435

1. The written proceedings related to the objections shall be free of charge and the expenses of the necessary measures related to the investigation shall be borne by the State Treasury.

Article 436

In all cases, even before filing the original suit, the court that granted legal aid may withdraw its decision of its own motion or upon request of the public prosecutor or the Ministry of Finance if the circumstances for which the aid was granted have changed.

Article 437

Article 1: Legal assistance shall cease upon the death of the assisted person and its cessation shall have no retroactive effect. The heirs of the assisted person may request legal assistance when necessary.

Article 438

If the plaintiff wins the lawsuit, the defendant shall be sentenced to pay the expenses, including the expenses advanced for the measures related to the investigation.

Article 439

The adversary who was granted legal aid shall remain entitled to it for the purpose of enforcing the judgment or defending himself when appeal procedures are initiated against him.

Article 440

If the aided party loses the suit, no cost shall be collected from him for the proceedings conducted in his interest nor shall he be obliged to repay the sums advanced from the State Treasury unless it is later proven or established that he is solvent.

Article 441

1. The President of the Enforcement Department may grant judicial assistance for the purpose of enforcement in accordance with the preceding rules.