Part two PROCEEDINGS IN GENERAL

II. PROCEEDINGS IN CRIMINAL CASES

Chapter 21 The Suspect and his Defence

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 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

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