CHAPTER 3
LEGAL REPRESENTATION OF ACCUSED AND OF VICTIM IN CRIMINAL PROCEEDINGS

Legal representation of accused

17. Pursuant to Article 12(1)(e) of the Namibian Constitution, an accused has the right to be represented by a legal practitioner of his or her choice before the commencement of and during his or her trial in any criminal proceedings.

CHAPTER 5
QUESTIONING OF CERTAIN PERSONS IN CONNECTION WITH CRIME, ASCERTAINMENT OF BODILY FEATURES OF ACCUSED AND VICTIM IMPACT STATEMENT

Power and duty of police to question certain persons in connection with crime, and warning explanations to be given in respect thereof

37. (2) A member of the police conducting an investigation under subsection (1) must, before questioning a person reasonably suspected of having committed an offence, give a warning explanation substantially in the following form to that person :

(d) that the person to be questioned is a suspect in respect of the offence under investigation and, where applicable, that the member of the police is in possession of evidence under oath indicating that that person has committed the offence ;
(e) that the person to be questioned not only has the right to remain silent but also has the right to answer questions put to him or her or to give an explanation of his or her conduct or of his or her defence, if any ;
(f) that the person to be questioned has the right to consult a legal practitioner of his or her own choice before deciding whether or not to remain silent or to answer questions or give an explanation of his or her conduct or defence and that the legal practitioner is entitled to be present during the questioning ;

CHAPTER 7
ARREST

Manner and effect of arrest

41. (2) The person effecting an arrest must, at the time of effecting the arrest or immediately thereafter, inform the arrested person of the cause of the arrest or, in the case of an arrest effected by virtue of a warrant, on demand of the person arrested, hand that person a copy of the warrant.

CHAPTER 13
ASSISTANCE TO ACCUSED

Accused entitled to assistance after arrest and at criminal proceedings

80. (1) An accused who is arrested, whether with or without warrant, is, subject to any law relating to the management of prisons, entitled to the assistance of his or her own legal practitioner as from the time of his or her arrest.

(2) An accused is, as contemplated in section 17, entitled to be defended by a legal practitioner of his or her choice at criminal proceedings.

(3) An accused who is under the age of 18 years may be assisted by his or her parent or guardian at criminal proceedings, and any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.

CHAPTER 17
DISCLOSURE

Disclosure by prosecutor

113. (2) (a) An accused may, at any stage before any evidence in respect of any particular charge has been led, in writing request the prosecution to disclose any prosecution material, and the court before which the charge is pending may, at any time before any evidence in respect of that charge has been led but having regard to subsection (6), direct the prosecutor to -

(i) disclose to the accused any prosecution material that has not previously been disclosed to the accused ; or
(ii) give to the accused a written statement that there is no material of a description mentioned in subparagraph (i).

CHAPTER 17
DISCLOSURE

Disclosure by prosecutor

113. (5) Where prosecution material does not consist of information, the prosecutor must disclose such material by allowing the accused to inspect it at a reasonable time and at a reasonable place or by taking steps to ensure that the accused is allowed to do so.

CHAPTER 19
THE PLEA

Pleas

120. (1) When an accused pleads to a charge, the accused may plead -

(a)that he or she is guilty of the offence charged or of any offence of which he or she may be convicted on the charge ;

CHAPTER 19
THE PLEA

Accused refusing to plead

123. Where an accused in criminal proceedings refuses to plead to any charge, the court must record a plea of not guilty on behalf of the accused, and a plea so recorded has the same effect as if it had been actually pleaded.

CHAPTER 21
PLEA OF GUILTY AT SUMMARY TRIAL

Plea of guilty

125. (1) Where an accused at a summary trial in any court pleads guilty to the offence charged, or to an offence of which the accused may be convicted on the charge and the prosecutor accepts that plea -

(a) the presiding judge or magistrate may, if he or she is of the opinion that the offence does not merit punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding N$3 000, convict the accused of the offence to which he or she has pleaded guilty on his or her plea of guilty only and -
(i) impose any competent sentence, other than imprisonment or any other form of detention without the option of a fine or a fine exceeding N$3 000 ; or
(ii) deal with the accused otherwise in accordance with law ;

(b) the presiding judge or magistrate must, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding N$3 000, or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether the accused admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence.

(2) If an accused or his or her legal practitioner hands a written statement by the accused into court, in which the accused sets out the facts which he or she admits and on which he or she has pleaded guilty, the court may, instead of questioning the accused under subsection (1)(b), convict the accused on the strength of that statement and sentence the accused as provided in that subsection if the court is satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, but the court may put any question to the accused to clarify any matter raised in the statement.

(3) Nothing in this section contained is to be construed as preventing the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence.

Change of plea of guilty

126. (1) If at any stage of the proceedings under section 125(1)(a) or (b) or 125(2) and before sentence is passed -

(a) the court is in doubt whether the accused is guilty of the offence to which he or she has pleaded guilty ;
(b) it is alleged or appears to the court that the accused does not admit an allegation in the charge or that the accused has incorrectly admitted any such allegation or that the accused has a valid defence to the charge ; or
(c) the court is of the opinion for any other reason that the accused’s plea of guilty should not stand,
the court must record a plea of not guilty and require the prosecutor to proceed with the prosecution, but any allegation, other that an allegation referred to in paragraph (b), admitted by the accused up to the stage at which the court records a plea of not guilty, stands as proof in any court of such allegation.

(2) If the court records a plea of not guilty in terms of subsection (1) before any evidence has been led, the prosecution must proceed on the original charge laid against the accused, unless the prosecutor explicitly indicates otherwise.

Committal by district court of accused for sentence by divisional court after plea of guilty

127. (1) If a district court, after conviction following on a plea of guilty but before sentence, is of the opinion -

(a) that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a district court ; or
(b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a district court,
the court must stop the proceedings and commit the accused for sentence by a divisional court having jurisdiction.

(2) Where an accused is committed in terms of subsection (1) for sentence by a divisional court, the record of the proceedings in the district court must, upon proof thereof in the divisional court, be received by the divisional court and forms part of the record of that court, and the plea of guilty and any admission by the accused stand unless the accused satisfies the court that such plea or such admission was incorrectly recorded.

(3) (a) Unless the divisional court -

(i) is satisfied that a plea of guilty or an admission by the accused which is material to his or her guilt was incorrectly recorded ; or
(ii) is not satisfied that the accused is guilty of the offence of which he or she has been convicted and in respect of which he or she has been committed for sentence,
that court must make a formal finding of guilty and sentence the accused.

(b) If the divisional court -
(i) is satisfied that a plea of guilty or an admission by the accused which is material to his or her guilt was incorrectly recorded ; or
(ii) is not satisfied that the accused is guilty of the offence of which he or she has been convicted and in respect of which he or she has been committed for sentence or that he or she has no valid defence to the charge,
the court must enter a plea of not guilty and proceed with the trial as a summary trial in that court, but any admission by the accused, the recording of which is not disputed by the accused, stands as proof of the fact so admitted.

(4) Section 125(3) applies in respect of the proceedings under this section.

CHAPTER 22
PLEA OF NOT GUILTY AT SUMMARY TRIAL

Plea of not guilty and procedure in regard to issues

128. (1) Where an accused at a summary trial -

the presiding judge or magistrate must, subject to subsection (2), ask the accused whether he or she wishes to make an unsworn statement indicating the basis of his or her defence.

(2) The presiding judge or magistrate must, before taking an unsworn statement from the accused under subsection (1), give the following explanations to the accused :

(a) That the purpose of the unsworn statement is to establish which allegations in the charge are in dispute between the prosecution and the accused so as to curtail the duration of the trial and to decide on the relevance and need for certain evidence and the relevance of certain cross-examination, but that the accused is under no obligation to make such a statement ;
(b) that the court may, whether the accused does or does not make an unsworn statement, question the accused under subsection (3) to establish which allegations in the charge are in dispute, but that the accused is under no obligation to answer any question so put to him or her by the court or to consent to the recording of any admission ;
(c) that the accused has the right not to be compelled to give self-incriminating evidence ;
(d) that, notwithstanding an unsworn statement made by the accused, the State is not relieved of the burden of proving the guilt of the accused beyond reasonable doubt, but that an admission made by the accused and recorded in terms of subsection (3)(b) is sufficient proof of the fact so admitted and relieves the State of the burden of adducing evidence to prove that fact ;
(e) that an unsworn statement by the accused is not considered to be evidence by the accused in substitution of evidence under oath or affirmation after the conclusion of the evidence for the prosecution ;
(f) that should the accused refuse or fail to make an unsworn statement or to answer questions in accordance with subsection (3), cross-examination of State witnesses by or on behalf of the accused may be curtailed by the court on the ground that the relevance of the questions cannot be ascertained in the absence of the disclosure of the basis of the accused’s defence.

CHAPTER 24
PLEA IN DISTRICT COURT ON CHARGE JUSTICIABLE IN HIGH COURT

Plea of guilty

136. (1) Where an accused under section 134 pleads guilty to the offence charged, the magistrate must question the accused in terms of paragraph (b) of section 125(1).

(2) (a) If the magistrate is satisfied that the accused admits the allegations stated in the charge, the magistrate must stop the proceedings and adjourn the case pending the decision of the Prosecutor-General.

(b) If the magistrate is not satisfied as provided in paragraph (a), the magistrate must record in what respect he or she is not satisfied and enter a plea of not guilty and deal with the matter in terms of section 137(1), but an allegation with reference to which the magistrate is so satisfied and which has been recorded as an admission, stands at the trial of the accused as proof of that allegation.

(3) Where the proceedings have been adjourned in terms of subsection (2)(a), the Prosecutor-General may -

(a) arraign the accused for sentence before the High Court or any other court having jurisdiction, including the district court in which the proceedings were adjourned in terms of subsection (2)(a) ;
(b) decline to arraign the accused for sentence before any court, but arraign the accused for trial on any charge at a summary trial before the High Court or any other court having jurisdiction, including the district court in which the proceedings were adjourned in terms of subsection (2)(a) ;
(c) institute a preparatory examination against the accused.

(4) The magistrate, who need not be the magistrate before whom the proceedings under section 134 or subsection (1) of this section were conducted, must inform the accused of the decision of the Prosecutor-General and, if the decision is that the accused be arraigned for sentence -

(a) in the district court in question, dispose of the case on the charge on which the accused is arraigned ; or
(b) in a divisional court or the High Court, adjourn the case for sentence by the divisional court or the High Court.

(5) (a) The record of the proceedings in the district court must, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court or, if the accused is arraigned in the district court in which the proceedings were adjourned in terms of subsection (2)(a), the record of such proceedings stands as the record of that court, and the plea of guilty and any admission by the accused stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded.

(b) The record of the proceedings in the district court must, upon proof thereof in the court in which the accused is arraigned for summary trial, be received as part of the record of that court, and any admission by the accused stands and forms part of the record of that court unless the accused satisfies the court that such admission was incorrectly recorded.

(c) Unless the accused satisfies the court that a plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he or she has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his or her plea of guilty of the offence to which he or she has pleaded guilty and impose any competent sentence.

(6) If the accused satisfies the court that the plea of guilty or an admission that is material to his or her guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence to which he or she has pleaded guilty or that the accused has no valid defence to the charge, the court must record a plea of not guilty and proceed with the trial as a summary trial in that court, but an admission by the accused, the recording of which is not disputed by the accused, stands as proof of the fact so admitted.

(7) Nothing in this section contained is to be construed as preventing the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Criminal proceedings to take place in presence of accused

180. (1) Except where otherwise expressly provided by this Act or any other law, all criminal proceedings in any court must take place in the presence of the accused.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Circumstances in which criminal proceedings may take place in absence of accused

181. (1) If an accused at criminal proceedings conducts himself or herself in a manner which makes the continuance of the proceedings in his or her presence impracticable, the court may direct that the accused be removed and that the proceedings continue in his or her absence.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Procedure at criminal proceedings where accused is absent

182. (1) If an accused referred to in section 181(1) or (2) again attends the criminal proceedings in question, that accused may, unless he or she was legally represented during his or her absence, examine any witness who testified during his or her absence, and inspect the record of the proceedings or require the court to have that record read over to him or her.

(2) If the examination of a witness under subsection (1) takes place after the evidence on behalf of the prosecution or any co-accused has been concluded, the prosecution or that co-accused may in respect of any issue raised by the examination, lead evidence in rebuttal of evidence relating to the issue so raised.

(3) (a) When the evidence on behalf of all the accused, other than an accused who is absent from the proceedings, is concluded, the court must, subject to paragraph (b), adjourn the proceedings until that absent accused is in attendance and, if necessary, further adjourn the proceedings until the evidence, if any, on behalf of that accused has been led.

(b) If it appears to the court that the presence of an absent accused cannot reasonably be obtained, the court may direct that the proceedings in respect of the accused who are present be concluded as if such proceedings had been separated from the proceedings at the stage at which the accused concerned became absent from the proceedings, and when that absent accused is again in attendance, the proceedings against him or her must continue from the stage at which he or she became absent, and the court is not required to be differently constituted only by reason of that separation.

(c) When, in the case of a trial, the evidence on behalf of all the accused has been concluded and any accused is absent when the verdict is to be delivered, the verdict may be delivered in respect of all the accused or be withheld until all the accused are present or be delivered in respect of any accused present and withheld in respect of the absent accused until he or she is again in attendance.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Oath, affirmation or admonition may be administered by or through an interpreter or intermediary

186. Where the person concerned is to give his or her evidence through an interpreter or an intermediary appointed under section 193(1), the oath, affirmation or admonition under section 184 or 185 must be administered by the presiding magistrate or, in the case of the High Court, by the presiding judge or the registrar through the interpreter or intermediary or by the interpreter in the presence or under the eyes of the presiding magistrate or, in the case of the High Court, the presiding judge.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Cross-examination and re-examination of witnesses

187. (1) An accused may cross-examine any witness called on behalf of the prosecution at criminal proceedings or any co-accused who testifies at criminal proceedings or any witness called on behalf of that co-accused at criminal proceedings, and the prosecutor may cross-examine any witness, including an accused, called on behalf of the defence at criminal proceedings, and a witness called at such proceedings on behalf of the prosecution may be re-examined by the prosecutor on any matter raised during the cross-examination of that witness, and a witness called on behalf of the defence at such proceedings may likewise be re-examined by the accused.

(2) The prosecutor and the accused may, with the leave of the court, examine or cross-examine any witness called by the court at criminal proceedings.

(3) (a) If it appears to the court that any cross-examination contemplated in this section is being protracted unreasonably and thereby causing the proceedings to be delayed unreasonably, the court may request the cross-examiner to disclose the relevancy of any particular line of examination and may impose reasonable limits on that cross-examination regarding the length thereof or regarding any particular line of examination.

(b) The court may order that any submission regarding the relevancy of the cross-examination be heard in the absence of the witness.

(4) Notwithstanding subsections (1) and (2) or anything to the contrary in any other law contained but subject to section 193, the presiding judge or magistrate may, during the cross-examination of a witness under the age of 14 years, either restate the questions put to that witness or, in his or her discretion, simplify or rephrase those questions.

CHAPTER 28
CONDUCT OF PROCEEDINGS

Parties may examine witness

195. Any party to proceedings in which a commission is issued under section 194, may -

(a) transmit interrogatories in writing which the court issuing the commission may consider relevant to the issue, and the magistrate to whom the commission is issued, must examine the witness on such interrogatories ; or
(b) appear before the magistrate to whom the commission is issued, either by a legal practitioner or, in the case of an accused who is not in custody or in the case of a private prosecutor, in person, and examine the witness.

CHAPTER 29
WITNESSES

Privileges of accused when giving evidence

222. An accused who gives evidence at criminal proceedings may not be asked or required to answer any question tending to show that the accused has committed or has been convicted of or has been charged with any offence other than the offence with which he or she is charged, or that the accused is of bad character, unless -

(a) the accused or his or her legal practitioner asks any question of any witness with a view to establishing his or her own good character or the accused himself or herself gives evidence of his or her own good character, or the nature or conduct of the defence is such as to involve imputation of the character of the complainant or any other witness for the prosecution ;
(b) the accused gives evidence against any other person charged with the same offence or an offence in respect of the same facts ; or
(c) the proof that the accused has committed or has been convicted of such other offence is admissible evidence to show that the accused has committed the offence with which he or she is charged.

CHAPTER 30
EVIDENCE

Admissibility of confession by accused

246. (1) Evidence of a confession made by a person in relation to the commission of an offence is, if the confession is proved to have been freely and voluntarily made by that person in his or her sound and sober senses and without having been unduly influenced thereto, admissible in evidence against that person at criminal proceedings relating to that offence, but -

(a) a confession made to a peace officer, other than a magistrate or a justice of the peace who is not a member of the police involved in the investigation of the offence to which the confession relates, or, in the case of a peace officer referred to in section 358, a confession made to such peace officer that relates to an offence with reference to which such peace officer is authorized to exercise any power conferred on him or her under that section, is not admissible in evidence unless -
(i) confirmed and reduced to writing in the presence of a magistrate or justice of the peace, or confirmed and recorded on tape in the presence of a magistrate and a transcription is made of the confession so recorded ; and
(ii) where the confession is confirmed and reduced to writing in the presence of a member of the police who by virtue of his or her rank is a justice of the peace -
(aa) that member of the police was not involved in the investigation of the offence to which the confession relates ; and
(bb) a magistrate was not readily available ;

(b) where the confession -
(i) is made to a magistrate and reduced to writing by that magistrate, or is made to a magistrate and recorded on tape by that magistrate and a transcription is made of the confession so recorded ; or
(ii) is confirmed and reduced to writing in the presence of a magistrate, or is confirmed and recorded on tape in the presence of a magistrate and a transcription is made of the confession so recorded,
the confession is, on the mere production at the proceedings in question of the document in which the confession is contained or, where the confession was recorded on tape, of a document that purports to be a transcription of the original record of the confession -
(aa) admissible in evidence against that person if it appears from such document or transcription that the confession was made by a person whose name corresponds to that of that person and -
(A) in the case of a confession recorded on tape, if the transcription thereof purports to be certified as correct under the hand of the person who transcribed the confession ; and
(B) in the case of a confession made to a magistrate or confirmed in the presence of a magistrate through an interpreter, if a certificate by the interpreter appears on such document or transcription to the effect that he or she interpreted truly and correctly and to the best of his or her ability with regard to the contents of the confession and any question put to that person by the magistrate ; and
(bb) presumed, in the absence of evidence to the contrary, to have been freely and voluntarily made by that person in his or her sound and sober senses and without having been unduly influenced thereto, if it appears from the document or transcription in which the confession is contained that the confession was made freely and voluntarily by that person in his or her sound and sober senses and without having been unduly influenced thereto.

(2) The prosecution may lead evidence in rebuttal of evidence adduced by an accused in rebuttal of the presumption under subsection (1)(b)(bb).

(3) A confession that is under subsection (1) inadmissible in evidence against the person who made it, becomes admissible against that person -

(a) if that person adduces in the proceedings in question any evidence, either directly or in cross-examining a witness, of any oral or written statement made by him or her either as part of or in connection with the confession ; and
(b) if such evidence is, in the opinion of the judge or magistrate presiding at such proceedings, favourable to that person.

CHAPTER 38
GENERAL PROVISIONS

Unreasonable delays in trials

371. (1) A court before which criminal proceedings are pending must investigate any delay in the completion of proceedings that appears to the court to be unreasonable and that could cause substantial prejudice to the prosecution, the accused or his or her legal practitioner, the State or a witness.

(2) In considering the question whether any delay is unreasonable, the court must consider the following factors :

(a) The duration of the delay ;
(b) the reasons advanced for the delay ;
(c) whether any person is responsible for the delay ;
(d) the effect of the delay on the personal circumstances of the accused and witnesses ;
(e) the seriousness, extent or complexity of the charge or charges ;
(f) actual or potential prejudice caused to the State or the defence by the delay, including a weakening of the quality of evidence, the possible death or disappearance or non-availability of witnesses, the loss of evidence, problems regarding the gathering of evidence and considerations of cost ;
(g) the effect of the delay on the administration of justice ;
(h) the adverse effect on the interests of the public or the victims in the event of the prosecution being stopped or discontinued ;
(i) any other factor that in the opinion of the court ought to be taken into account.

(3) If the court finds that the completion of the proceedings is being delayed unreasonably, the court may issue such order as it considers fit to eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice, including an order -

(a) refusing further postponement of the proceedings ;
(b) granting a postponement subject to such conditions as the court may determine ;
(c) where the accused has not yet pleaded to the charge, that the case be struck off the roll and the prosecution not be resumed or instituted anew without the written authority of the Prosecutor-General ;
(d) where the accused has pleaded to the charge and the State or the defence is unable to proceed with the case or refuses to do so, that the proceedings be continued and disposed of as if the case for the prosecution, where the State is unable to proceed or refuses to do so, or the case for the defence, where the defence is unable to proceed or refuses to do so, had been closed ;

(e) that -
(i) the State must pay the accused the wasted costs incurred by the accused as a result of the unreasonable delay caused by a person in the employment of the State ;
(ii) the accused or his or her legal practitioner must pay the State the wasted costs incurred by the State as a result of the unreasonable delay caused by the accused or his or her legal practitioner ;

(f) that the matter be referred to the appropriate authority for an administrative investigation and possible disciplinary action against any person responsible for the delay.

(4) (a) An order contemplated in subsection (3)(a), where the accused has pleaded to the charge, and an order contemplated in subsection (3)(d), may not be issued unless exceptional circumstances exist and all other attempts to speed up the process have failed and the defence or the State has given notice beforehand that it intends to apply for such an order.

(b) The Prosecutor-General and the accused may appeal against an order contemplated in subsection (3)(d), and section 337 and section 343, to the extent that it relates to an application or appeal by an accused under that section, apply with the necessary changes in respect of a case in which the Prosecutor-General appeals and, in the case of an appeal by the accused, sections 335 and 343 apply with the necessary changes.

(5) Where the court has made an order contemplated in subsection (3)(e) -

(a) the costs must be taxed according to the scale the court considers fit ; and
(b) the order has the effect of a civil judgment of that court.

(6) If, on notice of motion, it appears to the High Court that the institution or continuance of criminal proceedings is being delayed unreasonably in a magistrate’s court that is seized with a case but does not have jurisdiction to try the case, the High Court may, with regard to such proceedings, institute the investigation contemplated in subsections (1) and (2) and issue any order contemplated in subsection (3) to the extent that it is applicable.

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.