Part 2 Surrender of Persons

§ 31 Legal Assistance

(1) The suspect may, at any stage of the proceedings, use legal assistance.
(2) An attorney will be ordered as the legal assistance for a suspect who has not chosen legal assistance at the latest after the first examination pursuant to § 14 para. 2 also in connection with § 15 para. 2.
(3) The provisions of Chapter 11 of Part One of the Criminal Procedure Code, with the exception of §§ 140, 141 para. 1-3, and 142 para. 2, apply mutatis mutandis.

Part 2
Surrender of Persons

§ 14
Procedure After Capture Based Upon an Warrant of Arrest for Surrender
(relating to Article 59 para. 2 of the Rome Statute)

(1) If the suspect is captured based upon an arrest warrant for surrender, the
suspect must be brought without delay, at the latest on the day after capture, before
a judge of the next District Court (Amtsgericht).
(2) The judge of the District Court will examine the suspect promptly after the presentation, at the latest on the next day, regarding his personal circumstances, in
particular, regarding his citizenship. He shall inform him, that in each phase of the
proceedings he may use legal assistance (§ 31) and that it is up to him whether or
not to make statements regarding the criminal act he is accused of committing. He
shall then inform the suspect that he may apply for suspension of execution of the
arrest warrant for surrender, as well as that he may at any time approach the Court
regarding its arrest warrant, and he shall question him as to whether and, if necessary, upon which grounds, he seeks to raise objections to the surrender; § 41
para. 5 sentence 1 applies mutatis mutandis. In cases under § 11 para. 2 the
examination also extends to the topic of the charge; in most cases, information
provided by the suspect shall be included in the record of proceedings. Provided that
the Court requests, it shall be provided with a copy of the record of proceedings.

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

This provision follows the ICC Statute.