Spans in 'Kyrgyzstan - Criminal Procedure Code (ENG)' tagged with 'Rights during trial

'Rights during trial - present at trial' in document 'Kyrgyzstan - Criminal Procedure Code (ENG)'

Jump to:

More information about the keyword 'Rights during trial - present at trial'
More information about the document 'Kyrgyzstan - Criminal Procedure Code (ENG)'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 42. Rights and Responsibilities of the Accused, defendant, convicted (acquitted)

(2) the defendant has the right to participate in court proceedings in courts of primary, and enjoy all rights of a party of the trial, as well as the right for the last word, to appeal from the actions and decisions of the court.

SPECIAL PART

PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)

SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION

CHAPTER 33. GENERAL TERMS OF TRIAL

Article 259. Participation of the Defendant on Trial

(1) Hearing of a criminal case by a trial court shall take place with the participation of the defendant, whose attendance shall be mandatory.

RELEVANT ROME STATUTE PROVISIONS

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

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