'Rights during trial - legal assistance' in document 'Spain - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 24 - Legal protection of your rights

1. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended.

2. Likewise, all persons have the right of access to the ordinary judge predetermined by law ; to the defence and assistance of a lawyer ; to be informed of the charges brought against them ; to a public trial without undue delays and with full guarantees ; to the use of evidence appropriate to their defence ; to not make selfincriminating statements ; to not declare themselves guilty ; and to be presume d innocent.

The law shall determine the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding alleged criminal offences.

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:
(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