What conditions give the right to a legal aid lawyer?

The law sets out a number of conditions that give the right to a legal aid lawyer:  

It follows from the Criminal Procedure Act § 107a first paragraph, that the person who has been exposed to the description of the crime that appears in size. § 291 has the right to a legal aid lawyer. This provision deals with incidents where the perpetrator has sexual intercourse through threatening behavior or violence, has sexual intercourse with someone who is unconscious or for other reasons unable to oppose the act. Or by violence or threatening behavior causes someone to have sexual intercourse with another, or to perform similar acts with themselves.  

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Human trafficking

Trafficking in human beings means that people are exposed to violence, threats, are abused by a vulnerable situation or other inappropriate behavior, are forced, exploited or enticed to sexual services, forced labor or forced services, begging or other forms of work or services. 

Trafficking in human beings is considered a very serious violation of human rights. Furthermore, human trafficking will lead to different consequences for the victims, and lead to consequences for society.  

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Domestic violence

In today's society, many people are exposed to violence in close relationships. It can be about coercion, domestic violence, abuse and threats. If you have been abused by your spouse, parents, cohabitant or girlfriend, either of a physical or mental nature, you will have the right to a legal aid lawyer, who is paid by the public sector.  

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Violence of both physical and mental nature will help to affect your life situation, and can cause you injuries such as low self-esteem, sleep problems, problems with concentration, depression and anxiety. We are here to help you.  

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The assistance lawyer will be there for the offended during the course of the case. The assistance lawyer also has the right to apply for a violence alarm on behalf of the aggrieved party, or request a restraining order.  

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Violence compensation

If you have been the victim of a criminal act in the form of sexual abuse, violence, threats or robbery, you are entitled to compensation for victims of violence from the state.  

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The main rule is that the compensation for victims of violence shall cover the financial loss, and any compensation if the damage is great, and the injured party has received permanent and significant damage of a medical nature. Compensation will also be awarded for those who have been exposed to "tort and pain", and for other violations or injuries of a non-financial nature. This is known as redress compensation.  

Compensation for damages is regulated in the Damages Act §3-5. In order to be entitled to redress, the tortfeasor must have acted against the injured party by intent or gross negligence. Furthermore, the tortfeasor must either have caused a personal injury, or the person in question must have committed a criminal act as §3-3 in the Damages Act mentions. The redress will be independent of whether compensation is given.  

Compensation has injured parties entitled to if, their life development has been reduced. It is required that the injured party has been examined by an expert. The criterion is that there is an injury that is of a permanent nature, and at least 15% medical disability that is related to the criminal act.  

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Work injury

Personal injury, illness or death as a result of an accident at work is considered an occupational injury. If you as a student, or student during school hours have been injured, this can also be approved as occupational injuries. Examples of diseases that are considered occupational injuries can be brain damage, asthma, heart disease and more.  

The employer has a duty to send an injury report to NAV on an ongoing basis. The deadline for reporting an occupational injury is one year after the accident at work. For occupational disease, the deadline is within one year, after you became aware of the cause of the disease.  

According to the Occupational Injuries Insurance Act, every employer has a duty to take out occupational injury insurance for employees. According to the law, the insurance must cover compensation for reduced quality of life and disability.  

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Other criminal offenses / Special offenses 

If you have been subjected to stalking, a restraining order in your own home, or violence that is not considered domestic violence, you have the right to a legal aid lawyer. This follows from strpl. §107a third paragraph that «the court may also appoint an assistance lawyer in other cases where the nature and seriousness of the case, the consideration of the affected or other special circumstances indicate that there is a need for a lawyer».  

Other special needs are at your discretion. The nature and seriousness of the case and other considerations must be considered to see if the need for an assistance lawyer exists. The provision covers various special situations, where there is a need for legal assistance. The provision is often relevant, where minors have been exposed to serious criminal acts. And the criterion of serious injury does not exist.  

However, it follows from case law that the threshold for obtaining the assistance of a legal aid lawyer in such special cases is high.