FIRST PART

TITLE I- Parties

CHAPTER V- DEFENDANT DEFENSE COUNSEL

Article 48- Defense counsel elected by the defendant

1. Defendant has the right to elect not more than two defense counsels.

2. The selection is made by a statement before the proceeding authority or by a document (power of attorney) given or sent by registered mail to the defense counsel.

3. The selection of the defense counsel for a person detained, arrested or convicted to imprisonment, unless he has made his own selection, may be done by his relative in forms provided by paragraph 2.

FIRST PART

TITLE I- Parties

CHAPTER V- DEFENDANT DEFENSE COUNSEL

Article 49- Assigned defense counsel

1. The defendant, who has not elected a defense counsel or who has remained without one, shall be assisted by a defense counsel assigned by the proceeding authority if he requires one.

2. When the defendant is less than eighteen years old or (suffers) from physical or mental impairment that hinders him into exercising his own right of defense, the assistance of a defense counsel is mandatory.

3. The Directing Counsel of the Bar Association makes available to the proceeding authorities the lists of the defense counsels and determines the criteria of their assigning.

4. When the court, prosecutor and judicial police, must carry on an action which stipulates for the assistance of a defense counsel and the defendant has no defense counsel, they serve notice of the action to the assigned defense counsel.

5. When the presence of the defense counsel is required and the elected or assigned defense counsel is not provided, does not appear or has withdrawn from the defense, the court or prosecutor assigns another defense counsel in substitution, who exercises the rights and undertakes the obligations of the defense counsel.

6. The assigned defense counsel may be substituted only for lawful reasons. He shall quit (exercising) his functions when the defendant elects his defense counsel.

7. When the defendant has no sufficient means, the defense expenses shall be covered by the state.

PART II

TITLE VI- PRELIMINARY INVESTIGATIONS

CHAPTER V- ACTIONS OF PROSECUTOR

Article 309
Assigning and assistance of defence counsel

1. The defendant who has no defence counsel is notified by the prosecutor that he shall be assisted by a defence counsel assigned ex-officio.

2. The defence counsel elected or assigned ex-officio receives at least twenty-four hours prior notice when proceeding with interrogation, examination or confrontation. When delay may damage the proceedings, the notice to the defence counsel is served urgently.

3. Records of the actions performed by the prosecutor and judicial police, which the defence counsel has the right to attend, are filed with the prosecution office secretariat within three days from performing the action, with the defence counsel having the right to examine and make copies of them.

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER I- EXTRADITION

SECTION I- EXTRADITION ABROAD

Article 496- Right of the person under coercive measure to be heard

1. In case a precautionary measure is imposed, the court, as soon as possible and anyway not later than five days after the execution of the measure or its evaluation, makes sure of the identity of the person and takes its eventual consent for extradition, noting this in the minutes.

2. The court makes known to the interested person the right to a defence lawyer and, ex- officio, if he is absent, can appoint another defence lawyer. The defence lawyer must be notified, at least twenty-four hours before for the above-mentioned actions and has the right to participate in them.

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