Rights during trial - legal assistance

Switzerland

Federal Constitution of the Swiss Confederation 1999 (2017)

Title Two: Fundamental Rights, Citizenship and Social Goals

Chapter One: Fundamental Rights

Art. 29 General procedural guarantees

3 Any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER IV: OTHER FORMS OF COOPERATION

SECTION II: SPECIFIC FORMS OF COOPERATION

Art. 35 Questioning of a suspect

1 Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court, the person shall also have the following rights in addition to those provided in article 34:
c. to be defended by counsel of the person’s choosing or, if the person does not have counsel, to have the Central Authority assign counsel or, if applicable, a public defender;

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;