Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 6
Counsel

§ 45. Participation of counsel in criminal proceedings

(4) The participation of a counsel in a pre-trial proceeding is mandatory, except in the case an accused does not request a counsel, in the opinion of the court he or she is able to represent his or her own interests and wishes to waive the participation of a counsel :

1) in a court hearing of criminal offence in the second degree in settlement proceedings ;
2) upon pronouncement of a court judgment in simplified proceedings ;
3) in proceedings in criminal matters sent to court in alternative procedure, if the accused complies with the requirements established by this Act to contractual counsel and submits a reasoned written application to the court for a permission to defend himself or herself.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

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