'Rights during investigation - legal assistance' in document 'Kyrgyzstan - Criminal Procedure Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE

Article 20. Guaranteeing the Suspect, Accused or Defendant the Right to Defense

(1) The suspect, the accused or defendant have the right to defense. Agency of preliminary investigation, investigator, prosecutor, and the court shall provide for the right of the suspect, the accused and defendant to defend himself by means provided for by law, as well as for protection of his personal and property rights.

(2) The right to defense shall be also guaranteed to the defendant if the case involves compulsory medical treatment.

PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS

CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT

Article 40. Rights and Responsibilities of the Suspect

(1) The suspect has the right to :

4) have a counsel from the moment of the first interrogation, and in case of detention – from the moment of actual arrival to the agency of preliminary investigation ;

PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS

CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT

Article 44. Defense Attorney

(3) Defense attorney shall start his participation in the case from the moment of the first interrogation of suspect (accused), witness or actual detention of the suspect (accused).

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