'Rights during trial - conduct defence in person' in document 'Sweden - Code of Judicial Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part two PROCEEDINGS IN GENERAL

II. PROCEEDINGS IN CRIMINAL CASES

Chapter 21 The Suspect and his Defence

Section 2

The suspect is bound to attend in person the main hearing in the district court and the court of appeal. However, the suspect is not so bound if the case is one that can be disposed of even if he does not appear and his presence at the hearing may be presumed to be without importance to the inquiry.

At the main hearing in the Supreme Court, the suspect shall appear in person if the Court consider his presence necessary to the inquiry.

At a preparatory meeting or other hearing, the suspect shall appear in person if it may be assumed that his presence will promote the purpose of the session.

When the suspect is bound to appear in person, the court shall so order.

When the suspect is not required to appear in person, his defence may be presented by attorney. The provisions of Chapter 12 shall apply to attorneys. (SFS 1987:747)

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