'Legal Aid' in document 'Serbia - Law on cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Mandatory Defence in the Surrender Procedure of the Accused Person

Article 21

The accused person sought by the International Criminal Court to be surrendered must have a Defence Counsel from the very first interrogation and during the entire surrender procedure.

Should the accused person fail to secure a Defence Counsel personally within three hours from the point s/he was advised on his/her right or should s/he state that s/he shall not hire a Defence Counsel, President of the competent court shall assign to him/her an Ex-Officio Lawyer selected from among the lawyers listed in order, the list being submitted by the competent Bar Association.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Arrest of the Accused Person

Article 23

The accused person arrested relative to paragraph 1 of this Article shall have all the rights which any arrested person may have in accordance with the Criminal Procedure Code.

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

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