Part two PROCEEDINGS IN GENERAL

II. PROCEEDINGS IN CRIMINAL CASES

Chapter 23 Preliminary Investigation

Section 10

The leader of the investigation shall determine whether any person other than the witness may attend a questioning. The suspect and his defence counsel are entitled to be present at a questioning held at the suspect’s request pursuant to Section 18, paragraph 2. Defence counsel may also attend any other questioning if the presence of defence counsel would not be of detriment to the inquiry.

An aggrieved person’s counsel is entitled to be present when the aggrieved person is questioned. This also applies to a supporting person if his presence would not be of detriment to the inquiry.

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.