'Rights during investigation - legal assistance' in document 'Estonia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
GENERAL PROVISIONS

§ 8. Safeguarding of rights of participants in proceedings

Investigative bodies, Prosecutors' Offices and courts shall :

2) provide the suspect and the accused with a real opportunity to defend themselves ;
3) ensure the assistance of a counsel to the suspect and the accused in the cases provided for in subsection 45 (2) of this Code or if such assistance is requested by the suspect or the accused ;
4) in the cases of urgency, provide a suspect or accused held in custody with other legal assistance at his or her request ;

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 4
Suspect and Accused

§ 34. Rights and obligations of suspects

(1) A suspect has the right to :

3) the assistance of a counsel ;
4) confer with the counsel without the presence of other persons ;

Chapter 3
PROOF

Division 3
Interrogation of Suspect

§ 75. Interrogation of Suspect

(3 1) The suspect and his or her counsel have the right to get a copy of the record of interrogation of the suspect during the interrogation to the extent provided for in clauses 76 (1) 1)-3) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

RELEVANT ROME STATUTE PROVISIONS

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