'Rights during trial - free communication with counsel' in document 'Finland - Criminal Procedure Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 7

(1) A defence counsel and a counsel for the injured party shall as soon as possible confer with his/her client and begin to prepare the counsel, as well as undertake the measures necessary for the upholding of the rights of the client. Where necessary, the counsel shall serve his/her client also on appeal in a higher court.

(2) The appointment as defence counsel or counsel for the injured party made in accordance with this chapter shall be in force also in the separate proceedings for the hearing of the civil claim of the injured party, opened by virtue of chapter 3, section 3.

RELEVANT ROME STATUTE PROVISIONS

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:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence