'Rights during trial - free communication with counsel' in document 'Germany - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART ONE
GENERAL PROVISIONS

CHAPTER XI
DEFENCE

Section 148.
[Defence Counsel-Client Communication]

(1) The accused shall be entitled to communicate with defence counsel in writing as well as orally even when he is not at liberty.

(2) If an accused who is not at liberty is strongly suspectedand if the subject of having committed anthe investigation is a criminal offence pursuant to section 129a1 29a, also in conjunction with section 129b1 29b subsection (1) of the Criminal Code, the court shall order that in communication with defence counsel documents or other items shall be rejected if the sender does not agree to their being first submitted to a judge. The same shall apply under the court competent pursuant to Section 148a. Where no warrant of arrest exists for a criminal offence pursuant to section 129a, alsoconditions set out in conjunction with section 129b subsection (1) of the Criminal Code,the first sentence to written communications between the decision shall be givenaccused and defence counsel in any other proceedings governed by the court which would be competent to issue a warrant of arrest.statute. Where written correspondence is subject to monitoring pursuant to the first or second sentence, devices which exclude the possibility of handing over documents and other items shall be put in place for conversations withbetween the accused and defence counsel .

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

ANALYSIS

This provision follows the ICC Statute.

 

This right is provided for under Section 136 of the Criminal Procedure Code - Strafprozessordnung (StPO)