Chapter Two : Fundamental Rights and Duties of Citizens

Article Thirty-One

Upon arrest, or to prove truth, every individual can appoint a defense attorney. Immediately upon arrest, the accused shall have the right to be informed of the nature of the accusation, and appear before the court within the time limit specified by law. In criminal cases, the state shall appoint a defense attorney for the indigent. Confidentiality of conversations, correspondence, and communications between the accused and their attorney shall be secure from any kind of violation. The duties and powers of defense attorneys shall be regulated by 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:

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.

Section 2 Criminal Case

Chapter 10 Investigation of Crime

Attributing a Crime to the Accused Person

Article 148:

The prosecutor is bound to establish the identity of the accused during his first visit, and to inform him/her of the charges attributed to him/her and after notifying him/her of having the right to have a defense lawyer obtain his/her comments regarding the case.

The statements of the accused person shall be entered into the registry and his/her photo shall be attached to a special form.

Section 2 Criminal Case

Chapter 10 Investigation of Crime

Requesting a Defense lawyer

Article 152:

The prosecutor shall prior to investigation request the accused person to have a defense lawyer with him/her. If the accused person refrains from having a defense lawyer, the issue shall be recorded in the registry and the accused person’s signature obtained. If the accused person states that he/she is financially unable to have a defense lawyer, he/she shall be introduced to the Legal Aid Department according to provisions of the law and the relevant regulation.

Not introducing a defense lawyer or refraining from having a defense lawyer in misdemeanor crime shall not avert investigation or lead to destruction of evidence.

In a felony crime, the prosecutor shall be duty-bound to assign a defense lawyer for the accused person and if the accused person’s indigence is proved, a legal aid or a defense attorney shall be provided for him/her by the Legal Aid Department according to provisions of the relevant regulation.