Chapter 6
Investigation Performed by the Saranwal

Article 38
Defense Counsel Presence

In the investigation phase the Saranwal and the judicial police shall notify the suspect and his defense counsel of searches, confrontations, line-up procedures and expert examinations in order to allow them to be present. This duty can be waived only when there is an urgent need to conduct the said operations, which is defined as when it is a flagrante delicto crime or there is a fear of the loss of evidential facts.

Chapter 7
Notification of the Deeds and Representations During the Investigations

Article 40
Notification on the suspect

During the investigations the judicial police and the Saranwal shall give notifications of the deeds to the suspect to his defense counsel and the victim of the activities to be accomplished, to which they have the right to be present.

Chapter 8
The Trial

Article 43
Access of the Accused to the Findings of the Investigation

The accused and his defense counsel are entitled to examine the documents contained in the file mentioned in the last paragraph of article 39 and the objects under seizure.

Chapter 8
The Trial

Article 56
Concurrent Crimes and Circumstances

If from the deeds of the investigations or during the trial it results that there are alleged additional crimes and/or facts contributing as aggravating, circumstances which have not been included in the act of indictment the Court, at the request of the Primary Saranwal, makes the related accusation to the accused and/or to his defense counsel, when present, giving them adequate time to prepare the defense.

Chapter 8
The Trial

Article 57
Different Definition of the Crime

When the Court deems that the crime is to he given a different definition from that indicated in the act of indictment on the basis of the same facts and circumstances included in the accusation shall grant the accused and the defense counsel a time allowance for presenting a defense vis-a-vis the change in the definition.

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