'Rights during trial - conduct defence in person' in document 'Moldova - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 26. Right to defence

(1) The right to defence shall be guaranteed.

(2) Everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms.

(3) Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.

(4) Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by 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