'Legal Aid' in document 'Azerbaijan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.1. During the criminal prosecution the preliminary investigator, investigator, prosecutor and court shall take measures to guarantee the right of the victim, the suspect and the accused to proper legal aid.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.2. During the criminal proceedings the prosecuting authority shall secure the right of the victim (victim bringing a private prosecution), the civil party or his legal representative, the legal representative of the suspect or accused and the defendant to the civil claim to use the legal aid of the representatives invited by them.

General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.4. The prosecuting authority shall secure the following rights of the suspect or accused :

19.4.4. to be able to defend himself in person or with the aid of counsel for the defence chosen by him or, if unable to pay for defence counsel, to receive free legal aid ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.9. to have the help of defence counsel free of charge and, at his own request, to make statements with his defence counsel present ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.5. The accused shall exercise the following rights in accordance with this Code :

91.5.5. to have the help of defence counsel free of charge ;

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVI
DETENTION

Article 153. Safeguarding of detainees’ rights

153.2. To secure the rights of the detainee, the officials of the prosecuting authority and those in charge of the temporary detention facility shall :

153.2.7. if the financial position of the detainee does not enable him to retain a lawyer at his own expense, create an opportunity for him to meet the duty lawyer from one of the bar association offices in the vicinity of the temporary detention facility, at the state’s expense ;

RELEVANT ROME STATUTE PROVISIONS

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

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