Fines, complaints and courts · Lawyer · court-appointed
Court-appointed lawyer in France: who pays, and when the State asks you to repay
A court-appointed lawyer in France (avocat commis d’office, the French public defender) is not necessarily free: your eligibility for legal aid decides who pays. In police custody, an immediate trial or before the assize court, the State pays first, then can ask you to repay if your income is above the limits (law of 10 July 1991, article 19-1). In 2026, full legal aid applies up to 12,957 euros of reference tax income for a single person.
- Official texts cited
- Sources checked on
- Drafted with AI assistance, our method
General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Does a minor arrested in France always get a lawyer, and who pays?
Yes: a minor prosecuted or convicted in France is always assisted by a lawyer (Juvenile Criminal Justice Code, article L12-4), and if nobody chooses one, a lawyer is appointed. The State pays that lawyer first in any criminal procedure concerning the minor, including a voluntary interview (article 19-1, point 7, of the law of 10 July 1991), and may later ask for repayment if the legal-aid conditions are not met.
Read the referencesA court-appointed lawyer was assigned to you in France: I can check with you who will pay, whether the State can ask you to repay and what legal aid covers.
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Who pays a court-appointed lawyer in France?
A court-appointed lawyer (avocat commis d’office) is paid by the French State if you qualify for legal aid (aide juridictionnelle) or for legal aid for police-stage assistance (aide à l’intervention de l’avocat), and by you if you do not. The appointment only gives you a lawyer; it does not settle who pays (article 19-1 of the law of 10 July 1991). The official French guidance is blunt: the lawyer is not free, and you pay unless you get legal aid.
Eligibility depends on your reference tax income (revenu fiscal de référence) and the size of your tax household. According to Service-Public.fr (2026), full legal aid applies up to 12,957 euros for a single person, 55 % partial aid up to 15,316 euros and 25 % partial aid up to 19,433 euros. For police custody or a voluntary interview, police-stage aid uses the partial-aid limit (decree of 28 December 2020, article 3, and article 11-2 of the law). Above it, you pay the lawyer’s fees, or repay the State where it paid first.
Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)Law no. 91-647 of 10 July 1991 on legal aid: article 19-1Service-Public.fr: legal aid (F18074), 2026 limits (in French)Decree no. 2020-1717 of 28 December 2020: article 3Law no. 91-647 of 10 July 1991: article 11-2
Who will pay your court-appointed lawyer?
Pick the procedure and your reference tax income band: the worksheet shows who pays the lawyer first, whether the State can ask you to repay and the deadline to reply. It does not decide your eligibility; the legal-aid office (bureau d’aide juridictionnelle) does.
Fictional example · Who pays your court-appointed lawyer
Police custody: the State pays the court-appointed lawyer first (article 19-1, point 11, of the law of 10 July 1991). Above the partial-aid limit you do not qualify for police-stage legal aid, so the office can ask you to repay the flat amount paid, 61 or 300 euros depending on the work done. Reply to its letter within two months.
- Who pays the lawyer first
- The State (article 19-1 of the law of 10 July 1991)
- Flat amount paid by the State
- 61 euros (interview only) or 300 euros (interview and assistance)
- Deadline for your observations
- 2026-12-20
- Find your latest French tax notice (avis d’imposition): the reference tax income and household size set your band.
- Send your observations and supporting documents to the legal-aid office before 2026-12-20.
- Check your assets too: savings and property other than your main home have their own limits.
This worksheet applies the law of 10 July 1991 and the 2026 limits to your answers. It does not replace the legal-aid office’s decision, which also looks at your assets.
When does the French State pay first and then ask you to repay?
The French State pays the court-appointed lawyer first in the eleven procedures listed in article 19-1 of the law of 10 July 1991, even if your income is above the limits, and then asks you to repay if you are not eligible. In criminal matters, the main ones are:
- police custody (garde à vue), police detention and being brought before the prosecutor ahead of an immediate trial (article 11-2, points 2 and 3);
- immediate trial (comparution immédiate) and deferred-date trial (comparution à délai différé);
- being brought before the investigating judge (juge d’instruction) and the pre-trial detention hearing;
- any criminal procedure concerning a minor, including a voluntary interview;
- defending an accused person before the assize court (cour d’assises) or the departmental criminal court.
Law no. 91-647 of 10 July 1991 on legal aid: article 19-1Law no. 91-647 of 10 July 1991: article 11-2Decree no. 2020-1717 of 28 December 2020: article 47-2Decree no. 2020-1717 of 28 December 2020: article 120Key Justice figures (Les chiffres clés de la Justice), 2026 edition, 2025 data (in French)
How much does the State pay a court-appointed lawyer?
The State pays the court-appointed lawyer a flat amount set by decree, not freely agreed fees. In police custody it pays 61 euros for the interview alone, 300 euros for the interview and assistance during questioning and 150 euros during an extension, capped at 1,200 euros per lawyer per 24 hours (annex II of the decree of 28 December 2020).
Before a court, pay is counted in units of value. One unit is worth 36 euros before VAT for legal aid granted since 1 January 2022 (article 27 of the law of 10 July 1991). Defending someone before the criminal court (tribunal correctionnel) is worth 10 units, or 360 euros before VAT; defending an accused person at the assize court is worth 50 units, or 1,800 euros before VAT (annex I, table 2). When the State asks you to repay, it claims what it spent (article 19-1), not a private lawyer’s rate.
Decree no. 2020-1717 of 28 December 2020: annex II (police-stage pay scale)Law no. 91-647 of 10 July 1991: article 27Decree no. 2020-1717 of 28 December 2020: annex I (court pay scale)Law no. 91-647 of 10 July 1991 on legal aid: article 19-1
Free or not: what does French law say for each procedure?
| Situation | Who pays first | Who pays in the end | Text |
|---|---|---|---|
| Police custody (garde à vue) | The State | The State if your income is within the partial-aid limit; otherwise you, by repayment | Law 91-647, art. 11-2 (2°) and 19-1 (11°) |
| Voluntary interview of an adult (audition libre) | You, unless police-stage aid is granted | The State if you are eligible; otherwise you, in fees | Law 91-647, art. 11-2 (1°) |
| Immediate or deferred-date trial | The State | You, in whole or in part, if you do not qualify for full aid | Law 91-647, art. 19-1 (3° and 4°) |
| Before the investigating judge, pre-trial detention hearing | The State | You, in whole or in part, if you do not qualify for full aid | Law 91-647, art. 19-1 (5° and 6°) |
| Ordinary criminal-court hearing (tribunal correctionnel) | You, unless legal aid is granted | The State by band (100 %, 55 % or 25 %), the rest in fees | CPP, art. 417; decree 2020-1717, art. 3 |
| Assize court, departmental criminal court | The State | You, in whole or in part, if you do not qualify for full aid | Law 91-647, art. 19-1 (8°); CPP, art. 317 |
| Criminal procedure concerning a minor | The State | Repayment possible if the legal-aid conditions are not met | Law 91-647, art. 19-1 (7°); CJPM, art. L12-4 |
2026 legal-aid limits: Service-Public.fr F18074. Asset limits also apply.
Law no. 91-647 of 10 July 1991: article 11-2Law no. 91-647 of 10 July 1991 on legal aid: article 19-1Code of Criminal Procedure: article 417Decree no. 2020-1717 of 28 December 2020: article 3Code of Criminal Procedure: article 317Juvenile Criminal Justice Code (Code de la justice pénale des mineurs): article L12-4Decree no. 2020-1717 of 28 December 2020: article 120
What does article 19-1 of the French law of 10 July 1991 say?
La commission ou la désignation d'office ne préjuge pas de l'application des règles d'attribution de l'aide juridictionnelle ou de l'aide à l'intervention de l'avocat. Par exception, l'avocat commis ou désigné d'office a droit à une rétribution, y compris si la personne assistée ne remplit pas les conditions pour bénéficier de l'aide juridictionnelle ou de l'aide à l'intervention de l'avocat, s'il intervient dans les procédures suivantes, en première instance ou en appel :
[…]
3° Comparution immédiate ;
[…]
11° Procédures non juridictionnelles mentionnées aux 2° à 4° de l'article 11-2 de la présente loi.
La personne qui a bénéficié de l'intervention d'un avocat commis ou désigné d'office dans les conditions prévues aux onze premiers alinéas du présent article et qui n'est pas éligible à l'aide juridictionnelle ou à l'aide à l'intervention de l'avocat est tenue de rembourser au Trésor public les sommes exposées par l'Etat. Le recouvrement des sommes dues à l'Etat a lieu comme en matière de créances étrangères à l'impôt et au domaine.
In plain English: Having a court-appointed lawyer does not by itself mean you get legal aid. In the listed procedures, including immediate trial and police custody, the State pays the lawyer in every case, and a person who turns out not to be eligible must then repay the Treasury.
Police custody is on the list through point 11, which refers to point 2 of article 11-2 of the same law.
Which amounts and limits apply in 2026?
The amounts that decide your eligibility and what the State pays the lawyer.
- Full legal-aid limit, single person (reference tax income)
- 12,957 €
- 2026 · Service-Public.fr, page F18074 (checked 12 June 2026)
- Flat amount the State pays the custody lawyer: interview only, then interview and assistance
- 61 € / 300 €
- Since 2021 · Decree no. 2020-1717, annex II
- Lawyer missions paid under guaranteed legal aid (aide juridictionnelle garantie), out of 1,453,421
- 569,371
- 2025 · French Ministry of Justice, Les chiffres clés de la Justice 2026
- Unit of value before VAT: 10 units at the criminal court, 50 at the assize court
- 36 €
- Since 2022 · Law no. 91-647, article 27; decree no. 2020-1717, annex I
How do you ask for a court-appointed lawyer in France?
To get a court-appointed lawyer, ask the police officer in charge (officier de police judiciaire) during custody, the head of the local bar (bâtonnier) before a hearing, or the presiding judge if you appear alone. In custody you can ask from the very start; if your chosen lawyer cannot be reached or cannot come within two hours, the officer contacts the bâtonnier, who appoints one (Code of Criminal Procedure, article 63-3-1).
At the criminal court, the presiding judge tells the defendant that a court-appointed lawyer can be requested and appoints one on request (article 417). For a summons from an investigating judge, write to the bâtonnier and enclose the summons and your tax notice. The appointed lawyer then files the legal-aid application for you, except in article 19-1 procedures, where no application is needed (decree of 28 December 2020, article 39).
Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)Code of Criminal Procedure (Code de procédure pénale): article 63-3-1Code of Criminal Procedure: article 417Decree no. 2020-1717 of 28 December 2020: article 39
Can you choose or change your court-appointed lawyer?
You cannot pick your court-appointed lawyer yourself: the bâtonnier or the presiding judge appoints them. You can refuse the lawyer, though. You then make a new request to the bâtonnier, giving your reasons, and the bâtonnier may appoint someone else.
You remain free to hire a lawyer of your choice at any time. Before the assize court, the appointment lapses if the accused later chooses a lawyer (Code of Criminal Procedure, article 274). The appointed lawyer, for their part, must accept the case unless the appointing authority accepts a legitimate excuse or impediment (lawyers’ code of conduct, article 6).
Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)Code of Criminal Procedure: article 274Decree no. 2023-552 of 30 June 2023 (lawyers’ code of conduct): article 6
What else do people ask about the cost of a French court-appointed lawyer?
Does a minor arrested in France always get a lawyer, and who pays?
Yes: a minor prosecuted or convicted in France is always assisted by a lawyer (Juvenile Criminal Justice Code, article L12-4), and if nobody chooses one, a lawyer is appointed. The State pays that lawyer first in any criminal procedure concerning the minor, including a voluntary interview (article 19-1, point 7, of the law of 10 July 1991), and may later ask for repayment if the legal-aid conditions are not met.
Juvenile Criminal Justice Code (Code de la justice pénale des mineurs): article L12-4Law no. 91-647 of 10 July 1991 on legal aid: article 19-1
Can a visitor to France get a court-appointed lawyer?
Yes. A visitor to France, French or foreign, can ask for a court-appointed lawyer. Legal aid is open to foreigners with no residence condition when they are minors, under formal investigation, defendants, accused, convicted or civil parties (article 3 of the law of 10 July 1991). The income limits still apply, so ask the lawyer which documents to provide.
Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)Law no. 91-647 of 10 July 1991: article 3
Can a court-appointed lawyer ask you for fees?
Yes, if you do not qualify for legal aid or only get partial aid: the court-appointed lawyer can then charge you fees (Service-Public.fr F36104). Except in an emergency, under full legal aid or police-stage aid, the lawyer must sign a written fee agreement with you (law of 31 December 1971, article 10). With full legal aid, you only pay the 13-euro pleading fee (droit de plaidoirie).
Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)Law no. 71-1130 of 31 December 1971: article 10 (lawyers’ fees)Service-Public.fr: legal aid (F18074), 2026 limits (in French)
You received a repayment request after police custody: what now?
After police custody, reply within two months of the date the legal-aid office sent its letter: that is your window to send observations, by any means (decree of 28 December 2020, article 47-2). Enclose your latest tax notice. Without a reply, or if your documents do not show full eligibility, the office rules you partly eligible or not eligible and the State recovers what it paid the lawyer. According to Service-Public.fr, the recovery claim must be made within 5 years.
Decree no. 2020-1717 of 28 December 2020: article 47-2Decree no. 2020-1717 of 28 December 2020: article 120Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)
Is a lawyer mandatory at the French assize court?
Yes. At the French assize court, a defence lawyer must be present beside the accused; if the chosen or appointed lawyer does not appear, the presiding judge appoints one (Code of Criminal Procedure, article 317). The State pays that lawyer first, even if the accused is above the income limits (article 19-1, point 8, of the law of 10 July 1991), and may then ask for repayment if they are not eligible.
Code of Criminal Procedure: article 317Law no. 91-647 of 10 July 1991 on legal aid: article 19-1
Which French texts set these payment rules?
- Service-Public.fr: how to get a court-appointed lawyer (F36104, in French)French Republic / DILA: Service-Public.fr
- Law no. 91-647 of 10 July 1991 on legal aid: article 19-1French Republic / DILA: Légifrance
- Service-Public.fr: legal aid (F18074), 2026 limits (in French)French Republic / DILA: Service-Public.fr
- Decree no. 2020-1717 of 28 December 2020: article 3French Republic / DILA: Légifrance
- Law no. 91-647 of 10 July 1991: article 11-2French Republic / DILA: Légifrance
- Decree no. 2020-1717 of 28 December 2020: article 47-2French Republic / DILA: Légifrance
- Decree no. 2020-1717 of 28 December 2020: article 120French Republic / DILA: Légifrance
- Key Justice figures (Les chiffres clés de la Justice), 2026 edition, 2025 data (in French)French Ministry of Justice
- Decree no. 2020-1717 of 28 December 2020: annex II (police-stage pay scale)French Republic / DILA: Légifrance
- Law no. 91-647 of 10 July 1991: article 27French Republic / DILA: Légifrance
- Decree no. 2020-1717 of 28 December 2020: annex I (court pay scale)French Republic / DILA: Légifrance
- Code of Criminal Procedure: article 417French Republic / DILA: Légifrance
- Code of Criminal Procedure: article 317French Republic / DILA: Légifrance
- Juvenile Criminal Justice Code (Code de la justice pénale des mineurs): article L12-4French Republic / DILA: Légifrance
- Code of Criminal Procedure (Code de procédure pénale): article 63-3-1French Republic / DILA: Légifrance
- Decree no. 2020-1717 of 28 December 2020: article 39French Republic / DILA: Légifrance
- Code of Criminal Procedure: article 274French Republic / DILA: Légifrance
- Decree no. 2023-552 of 30 June 2023 (lawyers’ code of conduct): article 6French Republic / DILA: Légifrance
- Law no. 91-647 of 10 July 1991: article 3French Republic / DILA: Légifrance
- Law no. 71-1130 of 31 December 1971: article 10 (lawyers’ fees)French Republic / DILA: Légifrance
Texts cited last checked: 30 October 2026