'Rights during trial - free communication with counsel' in document 'Russia - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 46. The Suspect

4. 3) to avail himself of the advice of the counsel for the defence from the moment stipulated by Items 2 and 3 of the third part of Article 49 of the present Code, and to have a private and confidential visit from him before the suspect's first interrogation ;

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 47. The Accused

4. 9) to have private and confidential visits from the counsel for the defence, including ones prior to the first interrogation of the accused, without restriction of their number and duration ;

Part One. General Provisions

Section III. Proof and Proving

Chapter 12. Detention of the Suspect

Article 92. Procedure for the Detention of the Suspect

4. The suspect shall be interrogated in conformity with the demands of the second part of Article 46 and of Articles 189 and 190 of the present Code. Before the interrogation starts the suspect at his request shall be provided with an opportunity to meet his defence counsel in private and confidentially. Where it is necessary to commit procedural actions with the participation of the suspect, the duration of a meeting exceeding two hours may be limited by the inquirer, investigator and prosecutor with obligatory preliminary notification of the suspect and his/her defence counsel on it. In any case the duration of the meeting may not be less than 2 hours .

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:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence