'Rights during trial - legal assistance' in document 'Colombia - Law No. 975'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III
Procedural principles

Article 14. Defense. The defense shall be entrusted to the defense counsel of trust freely designated by the indicted or accused person, or, alternatively, to the one assigned by the National System of Public Defenders.

CHAPTER IV
Investigation and prosecution

Article 19. Acceptance of charges. In the indictment hearing the accused may accept the charges presented by the Office of the Attorney General, as a result of the spontaneous declaration or the investigations under way at the time of the demobilization.
In order for it to be valid, he or she must do so freely, voluntarily, spontaneously, and with the assistance of defense counsel. In this case the judge who performs the function of controlling guarantees shall immediately send the record to the Office of the Clerk of the Chamber of the Superior Judicial District Court that is to hear the matter.
Once the record is received, the corresponding Chamber shall schedule a public hearing, within ten (10) days, to determine whether the acceptance of charges was free, voluntary, spontaneous, and with the assistance of defense counsel. If it is found to be according to law, within the following ten (10) days it will schedule a hearing for sentencing and imposition of the individual penalty.
Paragraph 1. If in this hearing the accused does not accept the charges, or retracts those admitted to in the spontaneous declaration, the National Prosecutorial Unit for Justice and Peace shall refer the record to the government officer with jurisdiction, pursuant to the law in force at the time the conduct investigated was committed.

Paragraph 2. When there is a request for comprehensive reparation, the provisions of Article 23 of this law shall be implemented first.

CHAPTER IV
Investigation and prosecution

Article 22. Investigations and indictments prior to the demobilization. If at the time a demobilized person avails himself or herself of this law, the Office of the Attorney General is undertaking investigations or has formally indicted him or her, the indicted or accused person, with the assistance of defense counsel, may orally or in writing accept the charges set forth in the order that imposed the measure to ensure appearance, or in the arraignment, or in the resolution or brief of accusation, as the case may be. Such acceptance shall be before the judge who is performing the function of control of guarantees in the conditions provided for by this law.

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