Part two PROCEEDINGS IN GENERAL

II. PROCEEDINGS IN CRIMINAL CASES

Chapter 21 The Suspect and his Defence

Section 3

In preparing and conducting his defence, the suspect may be assisted by defence counsel.

The defence counsel is designated by the suspect. If the suspect is under eighteen years of age or suffers from a serious mental disturbance, the defence counsel is appointed by the person who has the custody of him. If the suspect has appointed an attorney, that attorney is regarded as defence counsel.

A person may not serve as defence counsel if he has, or has had, a professional or financial relationship with the suspect and the circumstances are likely to cast doubt on his ability to fulfil the responsibilities applicable to a defence counsel under with Section 7, paragraph 1. Foreign nationals or a person who is resident outside the Realm may not act as defence counsel if this is inappropriate having regard to the security of the Realm. The provisions of Chapter 12, Sections 2 through 5 and Section 6, paragraph 2, shall otherwise apply to defence counsel. (SFS 1992:1511)


Section 3a

If a suspect under arrest or detained so requests, a public defence counsel shall be appointed for him. A public defence counsel shall also be appointed upon request for a person who is suspected of a offence in respect of which a less severe sentence than six months imprisonment is not prescribed.

A public defence counsel shall also be appointed
1. if a defence counsel is needed by the suspect in connection with the inquiry into the offence,
2. if a defence counsel is needed in view of doubt concerning which sanction shall be chosen and there is reason to impose a sentence for a sanction other than a fine or conditional sentence or such sanctions linked together, or
3. if there are otherwise special reasons relating to the personal circumstances of the suspect or the subject of the case.

If the suspect is represented by defence counsel that he designated, no public supporting defence counsel shall be appointed. (SFS 1983:920)

Section 4

Public defence counsel shall be appointed by the court; when the court has fully disposed of a case, it may appoint defence counsel, pending an appeal by the suspect or expiration of the time for filing an appeal, to assist the suspect in the superior court.

The court shall consider the appointment of a public defence counsel upon request, or when the court otherwise considers reason therefor.

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