'Rights during trial - legal assistance' in document 'Azerbaijan - Constitution (amend 2009)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 61. Right to legal assistance

I. Everyone has the right to receive qualified legal assistance.

II. In cases envisaged by law, legal assistance shall be provided free of charge, at the expense of the state.

III. Everyone has the right to receive assistance of a lawyer as from the moment of detention, arrest or being accused of a crime by competent state bodies.

SECTION III
STATE POWER

Chapter VII
JUDICIAL POWER

Article 127. Independence of judges, and fundamental principles and prerequisites of the administration of justice

VIII. Everyone’s right to defence shall be guaranteed at any stage of court proceedings.

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