Rights during trial - legal assistance

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Chapter 2 Rights of the Victim, plaintiff, Suspect, Accused and Defendant

Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages

Article 7:

Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:

8– To assign a defense lawyer or have a legal aid provider in accordance with the provisions of the law.

Chapter 2 Rights of the Victim, plaintiff, Suspect, Accused and Defendant

Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages

Article 7:

Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:

14– To have free and confidential written or verbal communication with his/her legal representative in accordance with this law.

Chapter 2 Rights of the Victim, Plaintiff, Suspect, Accused and Defendant

Defense Rights

Article 9:

The suspect and accused person may be represented by a legal representative or pro se in any stage of the legal prosecution.

The suspect and accused person may have up to 3 defense lawyers at the same time.

A defense lawyer can defend one or several suspects or accused persons in the same case; provided that there is no conflict of interest among the suspects or accused persons.

When someone is suspected or accused of committing a crime for which the law anticipates long-term imprisonment or a term of longer imprisonment, the presence of defense attorney in the proceedings of legal prosecution is required.

Rome Statute

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;