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 Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 7. PARTY OF PROSECUTION

Article 55. The Investigator

4. 16) ensure the appointment of lawyers in the capacity of defense attorneys and to permit the persons to participate in the capacity of defense attorneys and the representatives;

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

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.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 211. Interrogation of the suspect

The detained suspect is entitled to testify in the presence of a lawyer. If it is impossible to provide immediate participation of the lawyer, the investigator must provide the participation within 24 hours after detention or arrest.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 212. Interrogation of the accused

The accused is entitled to be interrogated in the presence of a lawyer. The participation of the lawyer is mandatory in cases envisioned in this Code.

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