'Rights during trial - conduct defence in person' in document 'Armenia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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;

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 72. Refusal from Defense Attorney

1. The refusal from defense attorney means, that the suspect or accused have an intention to conduct their defense, without any legal assistance from the defense attorney. The declaration of the suspect or accused from the defense attorney is reflected in the protocol.

2. The refusal from defense attorney is accepted by the body, conducting the criminal trial, only, if the the suspect or the accused declared that of their own accord, voluntarily or in the presence of a defense attorney, who might be appointed as a defense attorney has already been appointed. The refusal from defense attorney is not accepted, caused by the absence of the means for the payment for legal assistance. The body, conducting the criminal trial, is entitled not to accept the refusal from the defense attorney, and to appoint a defense attorney or to keep the appointed one, in the cases, prescribed by Points 2-5 and 8 Part 1 of the article 69 of this Code.

3. The suspect and the accused are considered as representing themselves, from the moment of the refusal from defense attorney, which does to deprive from his/her rights the defense attorney, appointed later or not dismissed from the participation in the proceedings of the criminal case by the body, conducting the criminal trial.

4. The suspect and the accused, refusing from the defense attorney, are entitled to change their position on this issue after the acceptance of such refusal at any moment of the proceedings of the criminal case. In this case the participation of a new defense attorney is not a basis for the resumption of the criminal case.

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