Facts
This case concerned the applicant's request for legal aid for precautionary taking of evidence proceedings under Art. 158 para. 1 lit. b CPC. The Federal Supreme Court had to decide whether the applicant was entitled to legal aid for these proceedings.
Considerations
The Federal Supreme Court concluded that there is no entitlement to legal aid in precautionary taking of evidence proceedings under Art. 158 para. 1 lit. b CPC. These proceedings serve only to clarify certain facts, without deciding on the substantive rights or obligations of the parties. Since there is no risk of loss of rights if the precautionary taking of evidence is denied, there is no entitlement to legal aid.
The Federal Supreme Court explained that the right to legal aid under Art. 29 para. 3 Federal Constitution and Art. 117 et seq. CPC aims to enable an indigent party to access the court in order to enforce their rights. However, this…