GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 10. Ensuring the Right to Legal Assistance

1. Everyone has the right to receive legal assistance, in accordance with the provisions of this Code.

2. The body conducting criminal proceedings, shall be obligated to ensure that the suspect or the accused receive legal assistance.

3. During criminal proceedings, the civil claimant or his legal representative, the legal representative of the suspect or the accused, as well as the civil defendant shall have the right to enjoy the legal assistance of lawyers invited by them.

4. During interrogation of the injured party, the body of criminal prosecution shall have no right to prohibit the attendance of the attorney invited by the injured party as legal representative.

5. The body conducting the criminal proceedings is entitled to provide the suspect or the accused with free legal counselling based on the financial situation of the latter.

GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right

4. The suspect and the accused are entitled to defend themselves against the charges either in person or through the legal assistance of a defense attorney and legal representative. Participation of the defense attorney and the legal representative in the criminal proceedings shall not restrict the rights of the suspect and the accused.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

2.

4) to have a defense attorney from the moment of presentation to him/her the resolution of the body of criminal prosecution, on detention, the protocol of detention or the resolution on selection of the precautionary measure; to refuse from defense attorney and to conduct the defense himself/herself;

5) to communicate without hindrance, with his/her defense attorney tete-a-tete and confidentially without limitation of the number and the length of the conversations;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

1. The accused has the right to defense. The body conducting the criminal proceedings, provides the accused with the possibility to implement the right to defense belonging to him/her by all means and ways, not forbidden by law.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

2. 3) to have a defense attorney from the moment of indictment, to refuse from the defense attorney and to defend himself/herself;

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 69. Obligatory Participation of Defense Attorney

1. The participation of the defense attorney in the proceedings of the criminal case is obligatory in the following cases:
1) the suspect or the accused expressed such a wish;
2) it is difficult for suspect or accused to exercise the right to defense, belonging to them themselves because of being deaf-mute, blind, deaf, other essential violations of the functions of speech, hearing, sight, because of lengthy severe illness, and also idiocy, obvious mental underdevelopment, other physical or mental defects;
3) an aggravated mental disorder or temporary mental disorder of the suspect or the accused is revealed at the moment of the conduct of the criminal case;
4) the suspect and the accused have no command or sufficient knowledge of the language of the criminal proceedings;
5) the suspect or accused had been under age at the moment of the incident, the involvement in which is incriminated to them;
6) the accused is a person drafted for military service;
7) there are discrepancies in the interests of the suspects or the accused, meanwhile one of them has a defense attorney;
8) the criminal prosecution is conducted with respect to a person, to whom is incriminated the commitment of a deed, forbidden by criminal laws, in the state of insanity;
9) the suspect or the accused are under disability.

2. The participation of the defense attorney in the proceedings of the criminal case is obligatory from the moment of:
1) the expression of the will by the suspect or the accused to have a defense attorney: in cases prescribed by Point 1, Part 1 of this Article.
2) the announcement to the suspect on the resolution of the body of criminal prosecution on the detention, the presentation of the protocol of detention or the decision on the selection of the precautionary measure, or upon indictment: in cases, prescribed by Points 2,4,5, Part 1 of this Article;
3) the disease was revealed : in cases, prescribed by Point 3, Part 1 of this Article;
4) the indictment: in cases, prescribed by Points 6 and 8, Part 1 of this Article;
5) such circumstances were revealed: in cases, prescribed by Point 7, Part 1 of this Article;
6) the adoption of the decision on bringing to court in the capacity of the accused: in the case, prescribed by Point 9, Part 1 of this Article;
7) the suspect or accused were recognized as incompetent in the manner of civil proceedings, in case, prescribed by Point 9, Part 1 of this Article.

3. The expression of the wish by the suspect or the accused to have a defense attorney is not a circumstance, pre-determining the obligatory manner of the participation of the defense attorney in the criminal case proceedings, if they had had a defense attorney, appointed for them, but had declared a rejection from defense attorney, accepted by the body conducting the criminal trial.

4. The obligatory participation of defense attorney in the proceedings of the criminal case is ensured by the body, conducting the criminal trial.

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