'Rights during trial - counsel of accused's choosing' in document 'Afghanistan - Interim Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Common Provisions for the Suspect and the Accused

Article 18
Defense Counsel

Legal assistance to the suspect and the accused requires the service of a qualified professional.

To this end an official register is established in the Ministry of Justice where only persons with a university degree in law or sharia can he included.

The suspect and the accused can be, in any case, assisted by a defense counsel of their choice.

Article 19
Legal Aid

1. The suspect or the accused be financially unable to appoint a defense attorney are entitled to have a free defense attorney appointed for him or her in the following manner :

a. The investigating Saranwal or the Court adjudicating the case, on the petition of the person, appoints a defense attorney for the destitute person from amongst the lawyers officially permitted to work as defense attorney.
b. The person for whom an attorney has been appointed reserves the right not to accept the appointed defense attorney and to defend himself in person.
c. The fees of the aforesaid attorney shall be paid from the State budget and its extent shall be fixed by regulation.

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