Chapter 2 — Counsel
Section 1
(1) A person suspected of an offence has the right to self take care of his/her defence in criminal investigations and in a trial.
(2) On the request of the suspect, a defence counsel is to be appointed for him/her, if :
(1) he/she is suspected of or charged with an offence punishable by no less than imprisonment for four months or an attempt of or participation in such an offence ; or
(2) he/she is under arrest or in detention.
(3) A defence counsel is to be appointed to a suspect ex officio, when :
(1) the suspect is incapable of defending himself/herself ;
(2) the suspect, who has not retained a defence counsel, is under 18 years of age, unless it is obvious that he/she has no need of a defence counsel ;
(3) the defence counsel retained by the suspect does not meet the qualifications required of a defence counsel or is incapable of defending the suspect ; or
(4) there is another special reason for the same.
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