Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 16. Guaranteeing the Right to the Defence for the Suspect and for the Accused

1. For the suspect and for the accused shall be guaranteed the right to defence, which they may exercise themselves or with the assistance of a counsel for the defence and/or of their legal representative.

2. The court, the prosecutor, the investigator and the inquirer shall explain to the suspect and to the accused their rights, and shall guarantee to them the possibility to defend themselves while resorting to all ways and means, not prohibited by the present Code.

3. In the cases stipulated by the present Code, obligatory participation of a counsel for the defence and/or of the legal representative of the suspect and of the accused shall be provided for by the officials, conducting the proceedings on the criminal case.

4. In cases stipulated by the present Code and by other federal laws, the suspect and the accused may make use of the advice of a counsel for the defence free of charge .

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