'Rights during trial - legal assistance' in document 'Angola - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 63
(Rights of those detained and imprisoned)

Any person deprived of their liberty must be informed at the time of their imprisonment or detention of the respective reasons and their rights, namely :

e) To consult a lawyer before making a statement ;
f) To remain silent and not make a statement or to do so only in the presence of a lawyer of their choice ;

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 67
(Guarantees in criminal proceedings)

1. No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 67
(Guarantees in criminal proceedings)

3. The defendant shall have the right to choose a lawyer or counsel and to be assisted by them throughout the legal proceedings, and the cases and phases in which legal assistance is obligatory shall be specified 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