GENERAL PROVISIONS

Article 6- Right of defense

1.The defendant has the right to present his own defense or with the assistance of a defense counsel. When he has no sufficient means, he is provided with the services of a defense counsel free of charge.

2. The defense counsel shall assist the defendant to have his procedural rights guaranteed and his legitimate interests protected.

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of the defense counsel is required and the elected or assigned defense counsel is not provided, does not appear or has withdrawn from the defense, the court or prosecutor assigns another defense counsel in substitution, who exercises the rights and undertakes the obligations of the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

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