'Rights during trial - conduct defence in person' in document 'Mongolia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I
GENERAL PROVISIONS

CHAPTER TWO
TASKS AND PRINCIPLES OF CRIMINAL PROCEEDING

Article 18. Ensuring the Right of Suspect, Accused, Defendant and Victim to be Defended

18.1. Suspect, accused, defendant and victim shall have the right to defend and to be defended
themselves and to receive other legal assistance.

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 35. Suspect

35.2.7. to make self-defense; to have an defense counsel as provided for in Article 39 of this Law;

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 36. The Accused

36.3.3. to make self-defense; to have an defense counsel as provided for in Article 39 of this Law;

36.3.4. to have individual meeting with his/her defense counsel;

PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER FIVE
PARTICIPANTS IN PROCEEDINGS TO PROTECT THEIR OWN INTERESTS OR INTERESTS OF REPRESENTING PERSONS

Article 36. The Accused

36.3.9. to take part in the court session;

36.3.10. to submit challenges with regard to inquiry officer, investigator, procurator, translator, interpreter, expert, judge, a citizens' representative, or secretary of a judicial session;

36.3.11. to lodge complaints regarding actions of an inquiry officer, investigator, procurator, and court proceedings;

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 81. Testimony of Suspect

81.1. A suspect shall have the right to give testimony in relation to the circumstances which serve as
the ground for his/her arrest or confinement under guard, and also any circumstances of the case known to him.

PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 82. Testimony of Accused

82.1. An accused shall have the right to give testimony in relation to accusation presented to
him/her, or any circumstances of the case known to him/her or in relation to evidences in the case.

82.2. Confession of guilt by the accused may become the basis for an accusation only if the
confession is confirmed by other evidences in the case.

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY TWO
GENERAL CONDITIONS OF THE JUDICIAL SESSION

Article 241. Participation of Defense Counsel in Judicial Session

241.4. In instances except specified in Article 40 of this Law, a case may be examined at judicial session upon submitting by a defendant written request to defend him/herself.

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:
(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