This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: A public defender is a defense attorney appointed by the court. You are entitled to a public defender upon request if you are detained or arrested or suspected of a crime with a minimum penalty of at least six months imprisonment. A public defender should also be appointed in other cases when the investigation, the potential penalty, your personal circumstances, or the nature of the case necessitate a defender. The state pays for the defender during the process, but if you are convicted, the court may decide that you must repay all or part of the cost according to the rules in Chapter 31 of the Code of Judicial Procedure.
Thus, neither the crime classification alone nor your income alone determines whether you receive a public defender. First, the right to a defender is assessed. The question of potential repayment to the state is evaluated later and is influenced by the outcome of the case and your financial situation.
For an overview of the entire criminal process, read suspected of a crime – rights from police interrogation to detention. If the deprivation of liberty has already progressed, also see detention hearing and detention request and grounds for detention, restrictions, and time in custody.
When are you entitled to a public defender?
The main rules are found in Chapter 21, Section 3a of the Code of Judicial Procedure. The provision includes both situations where a request triggers a right to a public defender and situations where the court must make a needs assessment.
| Situation | What the law entails | What needs clarification |
|---|---|---|
| Detained or arrested | A public defender should be appointed if the suspect requests it. | If you are only apprehended, this automatic rule does not apply, but other grounds of need may still entitle you to a defender. |
| Crime with a minimum penalty of six months | A public defender should be appointed upon request. | It is the lowest prescribed penalty in the sentencing scale that is decisive, not the penalty you personally believe may be applicable. |
| The investigation requires a defender | A defender should be appointed if you need it due to the criminal investigation. | Examples may include a complicated investigation, difficult legal questions, or the need to monitor investigative measures. |
| The penalty is uncertain | A defender should be appointed when the choice of penalty is uncertain and there is reason to impose something other than fines or a conditional sentence, alone or in combination. | The assessment concerns the realistic penalty issue in the individual case. |
| Special reasons | A defender should be appointed if personal circumstances or the nature of the case provide special reasons. | Age, health, disability, communication difficulties, and the particular nature of the case may be significant, but the assessment is individual. |
Not automatically at every police interrogation
Those summoned for questioning as a suspect have the right to hire a defender, but do not automatically receive a public defender in every case. In less serious and uncomplicated suspicions where the penalty is expected to be limited to fines, the court may deny a request. At the same time, a case with a lower sentencing scale may be complex in such a way that the need rules become applicable.
Therefore, request a formal decision based on the correct grounds. The phrase “I want a lawyer” should be followed by information on why Chapter 21, Section 3a is applicable, especially if the right does not directly follow from detention, arrest, or the minimum penalty.
Private and public defenders are not the same
- Private defender: you appoint and usually pay yourself. You can have a private defender even when the court does not appoint a public one.
- Public defender: the court appoints the defender and the compensation is initially paid from public funds.
If you are already assisted by a private defender, the court should generally not appoint a public defender alongside the private one, unless there are exceptional reasons. However, contacting a lawyer does not prevent you from asking if the same lawyer can be proposed as a public defender. The court decides the matter, and work performed before the appointment is not necessarily covered by the public compensation.
How to request a public defender
The court is responsible for making the decision. During the preliminary investigation, the lead investigator must, according to Chapter 23, Section 5 of the Code of Judicial Procedure, report the matter to the court when a public defender is to be appointed. In practice, you can submit the request to the police or prosecutor and ask that it be immediately forwarded to the competent district court. If a court case already exists, the request can also be submitted to the court with the case number or matter number.
Adjust the information based on what you actually know. You do not need to argue about the issue of guilt in the request itself. The important thing is to identify the case, state that you are requesting a court appointment, and describe the circumstances relevant to the need for a defender.
Information that facilitates processing
- name and personal identification number or other secure identification,
- the police or prosecutor's case number,
- the criminal classification and a brief description of the alleged act,
- whether you are detained, arrested, remanded, or at liberty,
- the date of the next interview or hearing,
- which attorney you propose and the attorney's contact details, and
- the specific circumstances that demonstrate the need for a defender.
If time is short, you should clearly indicate when an interview or remand hearing is to be held. A decision from the district court can generally be appealed separately. Always read the court's instructions on how to appeal the decision and the deadline that applies to that decision.
Can you choose which public defender you want?
You may propose a person. According to Chapter 21, Section 5 of the Code of Judicial Procedure, the person you have proposed should be appointed if they are qualified and there are no special reasons against it. A public defender should normally be an attorney suitable for the assignment. In special cases, another suitable lawyer who meets the legal education requirements may be appointed.
It is advisable to check in advance that the attorney can and wants to take on the assignment. Otherwise, the court may need to appoint someone else, especially when a hearing is imminent.
Attorney in another location and additional costs
The choice may be influenced by distance. If the proposed defender works far from the court, the state reimburses additional costs for time lost and expenses only when there are special reasons. You or the attorney can request a preliminary decision on whether such additional costs will be covered. This reduces the risk of misunderstandings about travel and costs.
Change of public defender
It is usually not sufficient that the cooperation feels less than satisfactory. The court may decide on a change when there are special reasons. If a change has already occurred, compelling reasons are required for another change. Therefore, describe specific circumstances, such as a serious conflict of trust, conditions similar to bias, or that the assignment cannot be completed. The court always makes the final assessment.
What does a public defender do?
According to Chapter 21, Sections 7–9 of the Code of Judicial Procedure, the defender must diligently safeguard the suspect's rights and ensure that the matter is properly illuminated. The assignment may include, among other things, that the defender:
- explains the suspicion, the degree of suspicion, and possible procedural consequences,
- is present during police interviews and helps you understand your rights,
- requests investigative measures and highlights evidence that speaks in your favor,
- reviews grounds for detention, proportionality, and requested restrictions,
- goes through the preliminary investigation material and final notification with you,
- prepares and conducts the defense in court, and
- provides advice on appeals and assists in higher courts when the assignment includes it.
A person who is detained, arrested, or remanded has the right to meet with their defender. If it is a public defender, or a private defender who meets the legal qualification requirements, the contact is particularly protected and meetings should be able to take place in private. Read more about the deprivation of liberty in the guide to the remand hearing.
What does a public defender cost?
According to Chapter 21, Section 10 of the Code of Judicial Procedure, the public defender receives reasonable compensation from public funds for work, time lost, and expenses required by the assignment. The court determines the compensation. As a general rule, the defender may not charge the suspect extra for the public assignment. A limited exception applies to certain time lost and expense costs for a defender far from the court location that the state does not reimburse.
| Outcome or Situation | Main Principle | Important Reservation |
|---|---|---|
| During Investigation and Trial | The state pays the compensation decided by the court to the defense attorney. | This is not the same as a final decision that the cost will always remain with the state. |
| Acquitted or No Charges | The cost for the public defender normally remains with the state. | Special cost rules may apply if someone has caused unnecessary costs through negligence or omission. |
| Convicted | The court shall assess repayment to the state according to Chapter 31, Section 1 of the Code of Judicial Procedure. | The repayment should normally not exceed an amount that is twice the legal aid fee the accused would have paid, and the amount can thereafter be reduced or waived. |
| Convicted for Less than the Suspicion or Charges Covered | The repayment should only concern costs related to criminal suspicions that led to a conviction. | When costs cannot be separated, the court can make a reasonableness assessment. |
The accused normally does not need to repay more of the defense cost than an amount that is twice the legal aid fee that would have been paid with legal aid. The court can thereafter reduce or waive the repayment obligation considering, among other things, the convicted person's finances, the nature of the crime, and personal circumstances.
Therefore, it is not possible to specify a certain total amount or percentage in advance. The court assesses the repayment in connection with the case's decision. Check the cost section in the judgment even if the issues of guilt and penalty are the main focus.
Checklist When Requesting a Public Defender
- Have you been informed if you are being heard as a suspect and what specific act is involved?
- Are you detained, arrested, or in custody? Write down the decision and time.
- What is the penalty scale for the current criminal classification, especially the minimum penalty?
- Is there a special need due to the investigation, penalty issue, or your personal circumstances?
- Have you explicitly stated that you request a public defender?
- Have you suggested a lawyer and checked that the lawyer can take the assignment?
- Has the request been forwarded to the court and documented?
- Have you received a written decision if the court says no?
- If the lawyer is far away: have you or the lawyer requested a preliminary decision on additional costs?
Frequently Asked Questions
Do I have the right to a public defender if I am only called for questioning?
Not automatically just because of the summons. The right may follow from the crime's minimum penalty or from the need for a defender considering the investigation, penalty, personal circumstances, or the nature of the case.
Does a detained person always get a public defender?
No, the rule on appointment upon request explicitly applies to those who are arrested or in custody. A detained person may still have the right to a public defender according to other grounds. Since detention can develop quickly, the issue should be addressed without delay.
Can the police deny my request?
It is the court that decides on the appointment. The police or prosecutor may have an opinion, but a request that is to be assessed should be forwarded to the court. Request that it be documented what you have requested and what response you received.
Can I choose my own lawyer?
You may propose a qualified person, and that person should normally be appointed unless there are special reasons against it. Qualifications, suitability, availability, conflicts of interest, and significant additional costs can affect the decision.
Do I have to pay if I am convicted?
The court will then assess repayment, but this does not mean that every convicted person pays the entire defense cost. The rules include limitations and the possibility of reduction based on, among other things, finances and the circumstances of the case.
Can restrictions prevent contact with my defender?
Contact with the defender has special legal protection. A person deprived of liberty has the right to meet their defender, and the meeting should take place in private under the conditions of the law. Questions about other contacts are addressed in the guide on restrictions in custody.
Official Sources and Further Reading
- Code of Judicial Procedure (1942:740), particularly Chapter 21, Sections 3 a–10, Chapter 23, Section 5, and Chapter 31, Sections 1–2
- Regulation (1997:406) on Public Defenders, etc.
- Swedish Prosecution Authority: Rights of Suspects
- Swedish Courts: What Happens in a Criminal Case
- Swedish Courts: Hourly Rate Norm and Fees
Last reviewed against applicable legislation and official authority sources: July 29, 2026. The information is general and does not replace a defender's assessment of the circumstances in an individual case.
