TITLE I
BASIC RULES AND ACTIONS IN THE CRIMINAL TRIAL

Chapter l
AIM AND BASIC RULES OF THE CRIMINAL TRIAL

Art.6 - The right to defence is guaranteed to the accused person, to the defendant and to the other parties all throughout the criminal trial.

During the criminal trial, the judicial bodies must ensure the parties' full exertion of their procedural rights, under the circumstances stipulated by the law and must administrate the evidence necessary for defence.

The judicial bodies must inform the accused person or the defendant, immediately and before hearing, of the deed of which he is held responsible and of its judicial status, and must ensure the preparation and exertion of his/ her defence.

Any party is entitled to assistance by defender during the criminal trial.

The judicial bodies must inform the accused person or the defendant, before his/ her first statement, on his/ her right to be assisted by a defender; this will be recorded in the official report of the hearing.
Under the circumstances and in the cases stipulated by the law, the judicial bodies must provide judicial assistance for the defendant, if the latter has not chosen a defender.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section I
Statements of the accused person or the defendant

Art. 70 - Before being heard, the accused person or defendant is asked about his/her name, surname, nickname, date and place of birth, name and surname of parents, citizenship, education, military service, working place, occupation, address, criminal antecedents and other data necessary to determine his/her personal situation.

The accused person or defendant is then informed about the deed that makes the object of the case, the right to have a defender, as well as the right not to make any statement, at the same time being informed that everything he declares may be used against him/her as well. If the accused person or defendant makes a statement, he/she is asked to declare everything he/she knows related to the deed and to the accusation in connection to this.

If the accused person or defendant agrees to make a statement, the criminal investigation body, before hearing him/her, asks him/her to write personally a statement related to the guilt he is made responsible of.

TITLE V
TRIAL-RELATED AND COMMON PROCEDURAL ACTS

CHAPTER I
JUDICIAL ASSISTANCE AND REPRESENTATION


Assistance of the accused personor defendant
Art. 171 – The accused person or defendant has the right to be assisted by a defender all throughout the criminal investigation and the trial, and the judicial bodies must inform him/her of this right.

Judicial assistance is obligatory when the accused person or defendant is a juvenile, military in service, military with reduced service, called-up reservist, student of a military educational institute, held in a re-education centre or in a medical-educational unit, when arrested in another case, or when the criminal investigation body or the court appreciate that the accused person or defendant could not defend himself/herself, as well as in other cases stipulated by the law.

During the trial, judicial assistance is obligatory, also in the cases in which the law provides for the offence committed life detention or imprisonment for 5 years or more.

When judicial assistance is obligatory, if the defendant has not chosen a defender, measures are taken for appointing one ex officio.

When judicial assistance is obligatory, if the chosen defender does not appear, without reason, at two consecutive summons, according to the case, at the date established for an action of criminal investigation or at the date settled for trial, thus creating difficulties for the development and solution of the criminal trial, the judicial body appoints an ex officio defender to replace the chosen one, granting him/her the necessary time to prepare the defence, which may not be shorter than 3 days, except the solution of requests regarding preventive arrest, when the due time may not be shorter than 24 hours.

The delegation of the ex officio defender ceases once the chosen defender appears.

If the defender is absent from the trial and cannot be replaced, in the conditions of par. 41, the case is postponed.

The rights of the defender
Art. 172 - During the criminal investigation, the defender of the accused person or defendant has the right to assist in the performance of every criminal investigation act and may draw up requests and statements. The absence of the defender does not impede the performance of the criminal investigation act, if there is proof that the defender has been informed on the date and time of the act performance.

When judicial assistance is obligatory, the criminal investigation body will ensure the presence of the defender at the defendant's hearing.

In case the defender of the accused person or defendant is present at the performance of a criminal investigation act, this will be mentioned and the act is also signed by the defender.

The arrested accused person or defendant has the right to get in touch with the defender, the confidentiality of talks being ensured.

The contacting of the defender may not be forbidden at the extension of the arrest duration by the court, while at the presentation of the criminal investigation material it is obligatory.

The defender has the right to complain, under art. 275, if his/her claims have not been approved ; in the situations stipulated in paragraphs 2, 4 and 5, the prosecutor must solve the complaint in maximum 48 hours.

During the trial, the defender has the right to assist the defendant to exert the trial-related rights of the latter, and in case the defendant is arrested, to get in touch with him.

The defender chosen or appointed ex officio must ensure the judicial assistance of the accused person or defendant. In case of non-compliance with this obligation, the criminal investigation body or the court may inform the managing board of the bar, in order to take measures.

Assistance of other parties
Art. 173 - The defender of the victim, of the civil party and of the party bearing the civil responsibility has the right to draw up requests and statements.

During the trial, the defender exerts the rights of the party that he/she assists.

When the court considers that, for certain reasons, the victim, the civil party or the party bearing the civil responsibility cannot handle their own defence, it orders, ex officio or upon request, enforcement of the measures for appointing a defendant.

Representation
Art. 174 - During the trial, the accused person and the defendant, as well as the other parties may be represented, with the exception of the cases when the presence of the accused person or defendant is obligatory.

In all the cases when the law allows the representation of the accused person or defendant, the court has the right, when it considers the presence of the accused person or defendant necessary, to order his/her presentation.

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