CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 5

(2) Under the conditions stipulated by this Act, if the defendant has insufficient means to retain a defence counsel, the defence counsel shall be appointed to the defendant at his request and paid from the budget funds.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter VI - DEFENDANT AND DEFENCE COUNSEL

1. Rights of the Defendant

Article 64
(1) In criminal proceedings, the defendant shall have the right to:

5. be appointed a defence counsel in cases prescribed by this Act,

2 Defence Counsel

Article 72

(1) When no conditions for mandatory defence exist, the court may, if the special circumstances of the case justify it, assign a defence counsel to the defendant at his request if he, due to his financial situation, is unable to pay the defence costs.

(2) A request for the assignment of a defence counsel according to paragraph 1 of this Article may be made only after the indictment has been preferred for the offence for which a sentence of imprisonment to five years or longer is prescribed. The investigating judge, the president of the panel or the single judge shall decide on the defendant’s request. The defence counsel shall be assigned by the decision of the president of the court. An appeal against the decision shall not be allowed.

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

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