Archive note: This text comes from the old archive of Nomika Epilekta and is preserved with care for historical and informational reading.

According to the provisions of articles 194 through 204 of the Code of Civil Procedure (CCP), the so-called “benefit of poverty” is granted in certain cases by the courts to the indigent litigant who is proven to be unable to cover the costs of conducting a specific trial.

A recent decision is of interest, no. 14/2013 of the Single-Member Court of First Instance of Lasithi, by which the applicant K.P. was granted the benefit of poverty for a trial concerning an action for damages, which the applicant has brought against I. L. and which, as stated in the decision, “will be heard before the Multi-Member Court of First Instance of Lasithi on 23.01.2013”.

The reasoning - grounds of the decision included the following facts, in order for the court to justify granting the benefit of poverty, that is, exempting the applicant from court costs.

“According to articles 194 et seq. of the CCP (Code of Civil Procedure), for acceptance of an application for the provision of the benefit of poverty, which is granted to a person who is proven unable to pay the costs of the trial and the court fee without thereby reducing the necessary means for the maintenance of himself and his family, the object of the trial or act must be stated briefly; that trial or act must not appear manifestly unjust or unprofitable; and the facts confirming that the requirements for provision of the benefit are met must be stated, while probability assessment is sufficient [NOTE: that is, a judgment “on the available material” or, in simpler and not literal wording, a “rough assessment”] for the existence of the required conditions.

In the case under consideration, the applicant, by the application being judged, requests that he be granted the benefit of poverty for the case of the tort action he has brought against I. L., which is being tried before the Multi-Member Court of First Instance of Lasithi at the hearing of 23.01.2013. The application is admissible and lawful, according to the provisions referred to above.

From the assessment of the documents produced, and specifically the tax clearance note of the Ierapetra Tax Office concerning fiscal year 2012 and the certificate of the Ierapetra Manpower Employment Organization, it is considered probable that the applicant is low-income, has been unemployed since 01.08.2008 and continues to be unemployed at least until 21.08.2012, and that his annual declared income amounts to 1,720.24 euros. On 23.01.2013, a tort action brought by the applicant against I.L. is to be heard before the Multi-Member Court of First Instance of Lasithi, in the context of which he has stated that he assigns to the Greek State any amount that may be awarded to him. Therefore, according to the above, it is considered probable that the applicant’s financial situation does not allow him to pay the costs of this specific trial and the court fees, while at the same time this trial does not appear manifestly unjust or unprofitable.

According to the above, the conditions of the provisions mentioned at the beginning of the present decision are met and, for that reason, the applicant must be granted the benefit of poverty for the above trial”.

The benefit of poverty acquires particular significance during the period of economic hardship we are going through, because more citizens are unable to meet the expenses of judicial disputes, with the risk that they will not be able to claim and protect their rights by resorting to so-called Justice, that is, to the judicial power of the State.

Moreover, this decision shows the good sides of state authority, which, if staffed by virtuous people - functionaries, in all its expressions and forms (as administration, legislation and justice), can transform citizens’ lives from gloomy, tormenting and unbearable into heavenly.