'Rights during investigation - legal assistance' in document 'Portugal - Law 144/99'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 53
Appearance of the person claimed

3. The judge rapporteur shall hear the person after having appointed a legal counsel for that person if the
latter has not done it himself.

4. The person shall be personally summoned to the hearing and informed of his right to be assisted by both a legal counsel and an interpreter.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure


Article 54
Hearing of the person claimed

1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 53
Appearance of the person claimed

3. The judge rapporteur shall hear the person after having appointed a legal counsel for that person if the latter has not done it himself.

4. The person shall be personally summoned to the hearing and informed of his right to be assisted by both a legal counsel and an interpreter.

Part II
Extradition

CHAPTER I
Extradition from Portugal

Section II
Extradition procedure

Article 54
Hearing of the person claimed

1. In the presence of the public prosecutor and the legal counsel of the person claimed, and if necessary with the assistance of an interpreter, the judge rapporteur shall proceed to the identification of the person and shall inform him of his right to object to his extradition, of his right to consent to his extradition, of the possibility opened to him to relinquish the benefits of the rule of speciality in accordance with the applicable treaty law.

Part III
Transfer of criminal proceedings

CHAPTER I
Delegation of competence in criminal proceedings in favour of the Portuguese judicial authorities

Article 83
Procedure

3. If the person does not appear in court, the court shall make sure that the summons were legally carried out and, if the person is not represented by a counsel or, if represented, the counsel did not appear either, shall appoint a counsel; every such step shall be recorded in writing.

RELEVANT ROME STATUTE PROVISIONS

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