Chapter 2 — Counsel

Section 1

(2) On the request of the suspect, a defence counsel is to be appointed for him/her, if :

(1) he/she is suspected of or charged with an offence punishable by no less than imprisonment for four months or an attempt of or participation in such an offence ; or
(2) he/she is under arrest or in detention.

(3) A defence counsel is to be appointed to a suspect ex officio, when :

(1) the suspect is incapable of defending himself/herself ;
(2) the suspect, who has not retained a defence counsel, is under 18 years of age, unless it is obvious that he/she has no need of a defence counsel ;
(3) the defence counsel retained by the suspect does not meet the qualifications required of a defence counsel or is incapable of defending the suspect ; or
(4) there is another special reason for the same.

Chapter 2 — Counsel

Section 1a

A court may appoint a counsel for the injured party for criminal investigations and, where the injured party has a claim in a case prosecuted by the public prosecutor, for the trial :

(1) in a case relating to a sexual offence referred to in chapter 20 of the Penal Code, unless this is for a special reason deemed unnecessary ; and
(2) in a criminal case referred to in chapter 21, section 1—6 of the Penal Code, if this is to be deemed necessary in view of the relationship between the injured party and the suspect of the offence.

Chapter 2 — Counsel

Section 2

(1) A person appointed under section 1 or 1a as defence counsel or counsel for the injured party must be a public legal aid attorney or an advocate. If there is no suitable public legal aid attorney or advocate available or there is another special reason for it, also another person with the degree of oikeustieteen kandidaatti/juris kandidat who by law is competent to act as an attorney may be appointed as defence counsel or counsel for the injured party. The person to be appointed as defence counsel or counsel for the injured party is to be reserved an opportunity to be heard on the appointment. (260/2002)

Chapter 2 — Counsel

Section 4

(1) A defence counsel, a counsel for the injured party and a support person are to be appointed by the court where the criminal case is pending or where a charge for the offence may be brought. Subject to the criteria provided in section 13(1) and (2) of the Legal Aid Act, the appointment may be given retroactively to concern the necessary measures already undertaken in the case. If the hearing of the case has been concluded and the appeal period or response period has not yet expired, the appointments mentioned above are to be made by the court which last dealt with the case. (260/2002)

(2) In matters referred to in paragraph (1), a district court has a quorum with a single judge and a court of appeal with one member attending. The appointment may be transferred to be dealt with in connection with the criminal case for which the appointment has been requested. When a request for an appointment is decided in chambers and it is not granted, the requesting party is to be notified of the date of the pertinent court order well in advance of the issue of the order.

(3) If the prerequisites for the appointment of a defence counsel, as referred to in section 1, no longer exist, the appointment shall lapse. The provisions on an attorney in the Legal Aid Act apply, in so far as appropriate, to the revocation of the appointment of a defence counsel, a counsel for the injured party or a support person. (260/2002)

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it