'Rights during trial - raise defences' in document 'Russia - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 .

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

3. The accused shall have the right to defend his rights and lawful interests and to have enough time, as well as an opportunity, to prepare for the defence .

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. 3) to object to the accusation, to give evidence on the charge brought against him, or to refuse to supply evidence. If the suspect agrees to give evidence, he/she has to be warned that his evidence may be used as proof in a criminal case, and likewise in the event of his/her subsequent denial of this evidence, save for the instance provided for by Item 1 of Part Two of Article 75 of this Code ;

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. 4) to furnish proof ;

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:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute