You have the right to hire a lawyer of your own choosing to represent you in administrative offences proceedings. There is no automatic right to a state-paid lawyer in this process.
The right to a lawyer
You have the right to hire a lawyer at any stage of the administrative offences proceedings. This means that you can already choose a lawyer for the out-of-court proceedings with the state institution.
Your lawyer can be present at any time that your presence is required at the proceedings.
State-paid lawyer
The state must guarantee your right to a fair trial. Therefore, the state should only provide you with a lawyer if:
- You cannot afford one, and
- If a fair hearing cannot be ensured without legal aid.
In such cases human rights demand that you should be given a free lawyer to ensure that you are not put in a worse situation than your opponent and so that you can effectively defend yourself. Otherwise, this may result in a violation of your right to a fair trial.
example You will be entitled to a lawyer if your case is so complex that you cannot participate in the trial meaningfully and understand what is happening in your case without the help of a lawyer.
Bulgarian law
Unfortunately, Bulgarian law does not provide for free legal aid at all in administrative offences proceedings. As a result, you will either have to represent and defend yourself, or pay for a lawyer. However, as the State is obliged to protect human rights, it may be held responsible where you did not receive a fair and equal trial because you couldn’t afford a lawyer and your right to a fair trial was violated.
How to complain
If you genuinely cannot afford a lawyer and you cannot understand and participate in the trial because it is legally too complex, in all instances you should still ask the court to provide you with a free lawyer. Even if the court refuses, later you will be able to complain about a potential violation of your rights in other national or international human rights institutions.