Part I
General Provisions

Chapter IV
Counsel and Assistants

Article 30

(1) The accused or the suspect may appoint counsel at any time.
(2) The legal representative, curator, spouse, lineal relative, brother or sister of the accused or suspect may independently appoint counsel.

Part I
General Provisions

Chapter IV
Counsel and Assistants

Article 39

(1) The accused or the suspect in custody may, without any official being present, have an interview with, or send to or receive documents or articles from counsel or prospective counsel upon the request of a person entitled to appoint counsel (with regard to a person who is not a lawyer, this shall apply only after the permission prescribed in paragraph (2) of Article 31 has been obtained.

(2) With regard to the interview or the sending or receiving of documents or articles prescribed in the preceding paragraph, such measures may be provided by laws and regulations including the Rules of Court ; the same shall apply hereinafter as are necessary to prevent the flight of the accused or the suspect, the concealment or destruction of evidence, or the sending or receiving of articles which may hinder safe custody.

Part I
General Provisions

Chapter XI
Examination of Witnesses

Article 147

Any person may refuse to give testimony when there is the fear that such testimony may result in criminal prosecution or conviction against :

(i) His/her spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relative relationships with him/her ;
(ii) His/her guardian, the supervisor of his/her guardian or a curator ;
(iii) A person for whom he/she is a guardian, supervisor of a guardian or a curator.

Part I
General Provisions

Chapter XIII
Interpretation and Translation

Article 175

When the court has a person who is not proficient in the national language make a statement, it shall have an interpreter interpret it.

Part II
First Instance

Chapter I
Inquiry and Investigation

Article 204

(1) When a public prosecutor has arrested a suspect upon an arrest warrant or has received a suspect who was arrested upon an arrest warrant (excluding such suspect as is referred in accordance with the preceding Article), he/she shall immediately inform the suspect of the essential facts of the suspected crime and the fact that the suspect may appoint defense counsel and then, giving the suspect an opportunity for explanation, he/she shall immediately release the suspect when he/she believes that it is not necessary to detain the suspect, or shall request a judge to detain the suspect within 48 hours of the suspect being placed under physical restraint when he/she believes that it is necessary to detain the suspect ; provided, however, that when the public prosecutor has instituted prosecution during the time limitation, he/she shall not be required to request detention.

Part II
First Instance

Chapter I
Inquiry and Investigation

Article 204

(2) When the public prosecutor informs the suspect of the fact that the suspect may
appoint defense counsel in accordance with the provision of the preceding paragraph for the case provided for in paragraph (1) of Article 37-2, he/she shall also enlighten the suspect that, in cases where a request for further detention of the suspect is made, the suspect may request the judge to appoint defense counsel when the suspect is unable to appoint defense counsel him/herself because of indigence or other reasons and that when requesting the judge for appointment of defense counsel the suspect must submit a report of financial resources ; or if the suspect's resources are equal to or above the base amount, the suspect must have first requested a bar association (the bar association to which the request of paragraph (1) of Article 31-2 in accordance with paragraph 2 of Article 37-3 is
to be made to appoint defense counsel.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 272

(1) The court shall, when prosecution has been instituted, inform the accused without delay that the accused may appoint defense counsel and that when the accused is unable to appoint counsel him/herself because of indigence or other reasons, he/she may request the court to appoint defense counsel for him/her ; provided, however, that this shall not apply when the accused already has counsel.

(2) The court shall, when notifying the accused that he/she may appoint counsel pursuant to the preceding paragraph, inform the accused that he/she must submit a report of financial resources, or if the resources of the accused are equal to or exceed the base amount, the accused must have first appointed defense counsel from a bar association (the bar association to which the request under paragraph 1of Article 31-2 in accordance with paragraph 1 of Article 36-3 paragraph ( 1 ) is to be made) except in cases where an attorney is required under this Code.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 281-3

The defense counsel shall appropriately keep safe custody of the copies of evidence (copies and materials) which accurately record all or part of the evidence , which the public prosecutor has been given the opportunity to inspect or copy for the preparation of the trial, and may not entrust custody to others without reason.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 286-2

When the court cannot be convened without the appearance of the accused, and the accused, who is under detention has been summoned to the trial but refuses to appear without justifiable reason, and it is extremely difficult for the officials of the penal institution to bring the accused to the court, the court may commence the proceedings of the trial without the appearance of the accused.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 309

(1) The public prosecutor, the accused or his/her counsel may raise objections regarding the examination of evidence.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Section 1-2
Proceeding for Arranging Issues and Evidence

Subsection 1
Pretrial Arrangement Proceeding

Division 2
Arrangement of Issues and Evidence

Article 316-14

The public prosecutor shall promptly disclose the evidence which he/she has requested to be examined (hereinafter referred to as "the evidence for examination requested by the public prosecutor") to the accused or his/her counsel by the following means according to each category.

i) In the case of documentary evidence or articles of evidence, an opportunity shall be given to inspect (inspect and copy for the defense counsel the) documentary evidence or the articles of evidence.

ii) In the case of a witness, expert witness, interpreter or translator, an opportunity shall be given to know their names and addresses and to inspect (inspect and copy for the defense counsel their recorded statement documents) ("recorded statement documents" means a written statement, or a statement which has been recorded and taken down in writing and has the signature or seal of the person making the statement or a recording medium which is able to record images or sound and on which the statement has been recorded ; the same shall apply hereinafter) which reveal the contents of that which they are supposed to state at the trial (documents which contain a gist of the contents that they are supposed to state at the trial when there are no such recorded statement documents or when such materials are deemed inappropriate for inspection).

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.