Part One
GENERAL PART

Chapter VI
THE DEFENDANT AND DEFENCE COUNSEL

2. Defence Counsel

Defence of Indigent Persons
Article 77

A defence counsel shall be appointed for a defendant who because of his financial status cannot afford to pay the fees and costs of the defence counsel at the defendant’s request although the reasons for mandatory defence do not exist if the criminal proceedings are being conducted in connection with a criminal offence punishable by a term of imprisonment of over three years, or where reasons of fairness so demand. In this case, the costs of defence shall be borne by the budget of the court.

The judge for preliminary proceedings, president of a trial panel or individual judge decides on the request referred to in paragraph 1 of this Article, and the defence counsel is appointed by a ruling issued by the president of the court before which the proceedings are being conducted, according to the order on the roster of attorneys provided by the competent bar association.

The appointed defence counsel referred to in paragraph 1 of this Article has the standing of a court appointed defence counsel.

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