'Rights during investigation - legal assistance' in document 'France: ICC Law - Code of Criminal Procedure'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-5

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

After checking the person’s identity, prosecutor informs him, in a language that he understands, that he is named in an arrest application for the purpose of transfer, and that he must appear before the public prosecutor of the Appeal Court of Paris within five days at the latest. The district prosecutor also informs him that he may be assisted by an advocate of his choice, or failing this, by an advocate officially appointed by the bâtonnier of the order of advocates, who is immediately informed by any available means. The arrested person is also informed by the district prosecutor that he may speak to the appointed advocate immediately.

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS

Article 627-6

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

If the person apprehended has already requested the presence of an advocate, who has been duly sent for, the public prosecutor hears his statement.
In all other cases, the prosecutor reminds him of his right to choose an advocate or to ask for one to be officially nominated for him. The chosen advocate, or in case of a request for one to be officially nominated the bâtonnier of the order of advocates, is informed at once by any means available. The advocate may look at the case file straight away, and may freely communicate with the apprehended person. The public prosecutor hears the latter’s statement after informing him that he is free to not make one. This notification is recorded in the official record.

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