'Rights during trial - conduct defence in person' 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 47. Waiver of the Right to Counsel

(1) The suspect, accused, defendant has the right to waive the counsel. Such waiver shall be allowed only upon the initiative of the suspect, accused, defendant himself and shall not preclude participation of a prosecutor, as well as defense attorneys of other suspects, accused, defendants.

(2) When waivering a counsel, the suspect, accused, defendant shall defend himself.

(3) Waiver of the counsel by the suspect, accused, defendant in cases provided in points 2 – 5 of Article 46 of this Code shall not be binding for the investigator, the court.

(4) Waiver of the counsel shall be registered by a resolution of the investigator, judge, or by a ruling of a court.

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