'Rights during trial - legal assistance' in document 'Norway: Implementation of ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 5. The suspect’s right to a defence counsel

A person who is suspected or accused of offences that come within the jurisdiction of the Court is entitled to the assistance of a defence counsel of his own choice at every stage of the case. The said person shall be informed of this prior to being questioned.

If the Court has requested surrender of a person sought or other assistance from the Norwegian authorities, an official defence counsel shall be appointed for him on the same terms as provided by section 16, first paragraph, first sentence, and section 20 of the Act relating to the surrender of offenders, and sections 97, 98, 100, second paragraph, and 100 a of the Criminal Procedure Act.


§ 6. The aggrieved person’s right to counsel

A counsel may on application be appointed for the aggrieved person in cases being dealt with by the Court if there is reason to believe that as a result of the offence the said person will suffer considerable harm to body or health and there is deemed to be a need for a counsel. The provisions of Chapter 9a of the Criminal Procedure Act apply correspondingly in so far as they are appropriate.

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