'Rights during investigation - 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 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