Self-Employed Applicant's Burden of Proof in Free Legal Aid Proceedings

In an appeal concerning the denial of free legal aid (unentgeltliche Rechtspflege, UR), the commission addressed the disclosure obligations of a self-employed UR applicant, asserting that the investigative principle in UR proceedings does not relieve the applicant of the comprehensive duty to prove their financial need. The court reasoned that a self-employed applicant must provide a complete and verifiable picture of their finances, including income, assets, debts, and third-party support, and bears the burden of proof and risk for any ambiguities; failure to present a coherent financial picture due to a breach of this duty justifies the rejection of the UR application, and appellate courts are not required to grant a second opportunity for disclosure.