PART I
Introductory

Chapter 1. PRELIMINARY PROVISIONS

§1.12. Employment of interpreter.

An interpreter shall be used in any criminal proceeding when the defendant is present and does not speak or understand English or when a witness is examined who does not speak or understand English. Before undertaking his duties, the interpreter shall swear or affirm that he will faithfully perform them.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.1 .Defendant presumed innocent ; reasonable doubt requires acquittal.

A defendant in a criminal action is presumed to be innocent until the contrary is proved ; and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

1. Right to representation by legal counsel at every stage of proceedings.

In all criminal prosecutions the accused shall enjoy the right to be represented by legal counsel at every stage of the proceedings from the time of arrest or, where no arrest has been made, from the initial appearance and submission of the accused to the jurisdiction of the court. This right continues through appeal and postconviction proceedings, if any.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

2. Accused to be advised of rights.

As soon as practicable after arrival at the first place of custody upon an arrest or, where no arrest has been made, upon the initial appearance and submission of the accused to the jurisdiction of the court and at the commencement of every new stage of the proceedings, when an accused appears without legal counsel, the accused shall be advised of his right to retain legal counsel of his own selection and in all cases where the crimes charged are triable only in the Circuit Court, of his right to have legal counsel to represent him if he is financially unable to retain legal counsel.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

3. Facilities to obtain and consult with legal counsel of own selection to be furnished.

At any time when an accused while in custody or on appearance before the court advises that he desires to obtain legal counsel of his own selection, upon his request he shall immediately be furnished, without cost to him, with available facilities to aid him in securing such counsel and shall be allowed reasonable time and opportunity to consult privately with such counsel before any further proceedings are had.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

4. Appointment of Defense Counsel for those financially unable to retain legal counsel.

In all cases where the crimes charged are triable only in the Circuit Court, at any time when an accused advises that he is financially unable to retain legal counsel and that he desires to have legal counsel assigned to represent him, as soon after his request as practicable, he shall be brought before the court then having jurisdiction over him to decide whether the county Defense Counsel shall be assigned to represent him. If the court is satisfied after appropriate inquiry that the accused is financially unable to retain legal counsel, it shall assign the county Defense Counsel to represent him, and the accused shall be allowed reasonable time and opportunity to consult privately with such counsel before any further proceedings are had.

Counsel so assigned shall serve without cost to the accused and he shall have free access to the accused, in private, at all reasonable hours while acting as legal counsel for him. The assignment of Defense Counsel shall not deprive the accused of the right to engage other legal counsel in substitution at any stage of the proceedings.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.2. Adequate legal representation of accused persons.

5.Right to proceed without legal counsel ; exception.

An accused has a right to proceed without legal counsel and to be heard in person. However, whenever an accused appears in court without legal counsel and has been advised of his right to have legal counsel represent him, unless the court determines that he has understandingly elected to proceed without such counsel, the court shall assign the county Defense Counsel to defend him.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.3. Cautions to be given accused on interrogations.

No peace officer or other employee of the Republic shall interrogate, interview, examine, or otherwise make inquiries of a person accused or suspected of an offense, or request any statement from him, including a confession of guilt, without first informing him of the following :

(a)The nature of the offense of which he is accused or suspected ;
(b)That he has the right to have legal counsel present at all times while he is being questioned or is making any statement or admission ;
(c) That he does not have to make any statement or admission regarding the offense of which he is accused or suspected ;
(d)That any statement or admission made by him may be used as evidence against him in a criminal prosecution.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.4. Presence of the defendant.

1. Presence of defendant generally.

Except as otherwise provided by this section, a defendant shall be present at his arraignment, when a plea of guilty is made, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. The defendant shall have the right to be present at the taking of any depositions taken at the instance of the prosecution.

PART I
Introductory

Chapter 2. RIGHTS OF DEFENDANT

§2.5. Privileges and duties of accused persons.

1. Accused's privilege not be a witness.

Every person in any criminal action in which he is an accused has a privilege not to be called as a witness and not to testify. He may, however, subject to the limitations contained in this chapter, testify in his own behalf in accordance with the rules governing other witnesses.

PART II
Procedure in Criminal Actions

Chapter 16. ARRAIGNMENT, PLEAS, AND PRETRIAL MOTIONS

§16.4. Pleas.

A defendant may plead guilty or not guilty, except that in a capital case only a plea of not guilty may be accepted. The court may refuse to accept a plea of guilty in any other case and shall not accept such plea without first (a) making such inquiry as may satisfy it that the defendant in fact committed the crime charged and (b) addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(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;
(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;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.