'Rights during trial - legal assistance' in document 'Japan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.

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