Jump to:
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)
5. Defendants or prisoners who are unable to appoint a lawyer for financial reasons must, under the terms of the law, be ensured adequate legal aid.
TITLE IV
ORGANISATION OF STATE POWER
CHAPTER IV
THE JUDICIARY
SECTION IV
ESSENTIAL JUSTICE INSTITUTIONS
Article 195
(Access to law and justice)
1. The Bar Association shall be responsible for providing legal aid, access to the law and legal representation at all jurisdictional levels.
2. The law shall regulate the organisation of the forms of legal aid, access to law and legal representation, as essential elements of the administration of justice, and the state must establish financial resources for these purposes.
Article 196
(Public defence)
1. The state shall ensure that the mechanisms for public defence are available to individuals with insufficient financial resources, with a view to providing legal aid and official legal representation at all levels.
2. The law shall regulate the organisation and functioning of public defence.
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