'Rights during trial - legal assistance' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 6. Expedited procedure

Section 36

3. The person claimed may be assisted by counsel when making the statement. If he appears without counsel, his attention shall be drawn to this right by the investigating judge.
4. Before making the statement the person claimed shall be informed of the possible consequences. A record of the statement shall be kept.


CHAPTER 4. ENFORCEMENT OF SENTENCES

§ 4. Enforcement of other penalties and orders

Section 77

1. The application shall be dealt with in the presence of the public prosecutor. The sentenced person shall be given the opportunity to attend the hearing and to be assisted by his counsel.

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